Date posted: APRIL 4, 2023 by 4:00 P.M. All items on this agenda are tol be discussed and/or acted upon. TOWN OF LITTLE COMPTON TOWN COUNCIL 28 Commons Wilbur McMahon School Little Compton, RI MEETING OF APRIL 6, 2023 Live streaming at tpsynpwyoutiheconameICNakOnPABSAEig,0XIO98 AGENDA 7:00 P.M. Salute to the Flag Announcements: 1. Welcome Anthony DeSisto Law Associates as Town Solicitor. 2. Express appreciation to Richard Humphrey for many years of service as Town Solicitor. Approval of Minutes - March 22, 2023 March 23, 2023 March 30, 2023 Department Head Reports: 1.Town Clerk - March 2023 monthly report 2.Tax Assessor - March 2023 monthly report 3.Building/Zoning: - March 2023 monthly report 4.Fire Department - March 2023 monthly report 5.Town Administrator- - March 2023 monthly report Old Business: 1.Consider possible designs for town parking lot. 2.Consider Memorandum ofUnderstanding: from RIPTA to purchase at town van. New Business: 1. Consider proposal to change the date oft the 2023 Financial Town Meeting from 7PM on 2. Consider adoption of a resolution opposing construction and operation of such offshore 3. Letter ofi request from John A. Almeida, 451 West Main Road for tax penalty relief. 4. Recommendation from Larry Anderson that the Town Council consider scheduling a Special Town Meeting, on the same evening as the annual Financial Town Meeting, for the purpose of authorizing the Town solar project and appropriating necessary funding. a. Correspondence from James Locke with analysis relevant to the above 5. Consider possible recommendation for farm labor housing from Planning Board. Tuesday, May 16, 2023 to 7PM on Wednesday, May 24, 2023. wind energy facilities as those currently proposed. recommendation. Board ofLicense Commissioners: 1. Request from the LC Game Club: for a Class F-1 one day Retail Beverage License for a surf & turf dinner to be held on April 22, 2023 at the John Dyer Road facility. a. Dionysus Acquisition, LLC dba Carolyn's Sakonnet Vineyard, 2. CLASS BV: 53 Winery Road. Communications: 1. Updated senior van weekly schedule. 2. Draft resolution opposing Senate Bill S-0434 (Inspection ofMotor Vehicles). Consent: 1. Letter ofs support for Community Center grant application to the Rhode Island State 2. Copy ofe electronic communication sent to the town from Frank Haggerty regarding articles and comments on the Mayflower Wind project proposed offshore on Cape 3. Copy ofresolution from Burrillville Town Council opposition to Rhode Island 2023 4. Copy ofa a resolution from Woonsocket Town Council support ofHouse Bill 5160 & Council on1 the Arts. Cod. Gun Control legislation. Senate Bill 0175, Regarding Payday Lending reform. Payment of] Bills Consent Agenda - Alli items listed are considered tol be routine by the Town Council and willl be enacted by one motion. There will bei no separate discussion oft these items unless a council member or citizen sO1 requests in which event the item willl be withdrawn from the General Order ofbusiness and considered in the normal sequence on the agenda. All are welcome to any meeting at the town, which is open to the public. Individuals requiring communication assistance or any accommodation to ensure equal participation will: need to contact the Town Clerk at 635-4400: not less than 48 hours prior to the meeting. Minutes ofa' Town Council meeting held on March 22, 2023 at 4:00 o'clock PMI held: in in-person format at1 thel Public Safety Complex, 60 Simmons Road, Little Compton, RI. Members present: Paul J. Golembeske, Andrew Iriarte-Moore, Patrick McHugh and Gary) Mataronas, and Council President Mushen called the meeting to order at 4:11pm pursing discussion ofthe councils approach tot the second round ofinterviews for the three candidates for Town Solicitor. Discussion ensued in regards toi financials ofs stipend VS hourly for breakdown of coverage. At 4:32pm the Council interviewed the 1stapplicant, Richard S. Humphrey ofThe. Law Offices of At 5:03pm the Counsel interviewed the 2nd applicants. Stephen JA Sypole and Per C. Vaage of At 5:37pm the Council interviewed the 3rd applicants, Anthony DeSisto, Stephen J. Antonucci, Roger Lord commented that Richard S. Humphrey has vast knowledge oft the town, lives in town, Robert] L. Mushen. Richard S. Humphrey. Gidley, Sarli & Marusak, LLP of Providence, RI. and Benjamin Ferreira of] East Providence, RI. and has irreplaceable understanding ofi its workings. Motion made by Councilor Iriarte-Moore, receiving a second by Councilor McHugh, alli in favor (Iriarte-Moore, Mataronas, McHugh, Mushen) opposed (Golembeske): To enter negotiations for terms ofe employment including financials with. Anthony DeSisto Law Associates, LLC: for employment as Town Solicitor. With no further business before the Council, the meeting was adjourned at 6:42PM Heather, J.C Cook, Deputy Town Clerk Minutes ofa' Town Council meeting held on March 23, 2023. A.D. 2023 at 6:15o'clock PMI held in in-person format at the Wilbur McMahon School Library, 28 Commons, Little Compton, RI. Members present: PaulJ.G Golembeske, Andrew W. Iriarte-Moore, Gary S. Mataronas, Patrick McHugh and RobertI L. Mushen. Also in attendance: Town. Administrator, Antonio Teixeira and Police Chief Raynes. At6:15 p.m. the Council interviewed two applicants to fill a vacant unexpired term on the Little Compton Housing Trust, Lucie DuHamel and Myles Arkins. Lucie DuHamel withdrew. her Motion made by Councilor Mataronas, receiving a seconded by Councilor McHugh, all in favor (Golembeske, Iriarte-Moore, Mataronas, MeHugh, Mushen): To appoint Myles Arkins to the fill an unexpired term on the Little Compton Housing Trust with ai term application in deference to the other applicant, Myles Arkins. expiring January 24, 2024. After taking a briefrecess the Council President called the meeting to order at 7:00PM with A moment ofs silence was observed in memory of] Marion Motrison, wife of the Town Moderator, the Pledge to the: flag. Scott Morrison. Motion made by Councilor Mataronas, receiving a second by Councilor Golembeske, alli in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To approve the minutes oft thé February 27, 2023 and March9, 2023 Council minutes as written. Representatives: oft the RI Dept. ofTransportation presented their actions to date as well as the need for input from the community and what to expect during the: final design process regarding the Commons Reconstruction Project. Topics includedwater mitigation, fiscal responsibilities of Staté and' Town, sensitivities to. windows of opportunity to enact construction with regard to minimizing the disruption to our citizens. Discussion ensued to address concerns of citizens present and the DOT will proceed with the project with the understanding that the DOT will return to the Town Council at a future date to insure keeping the Council and citizens informed. Councilor Mushen stated continuation from thel February 9, 2023 meeting oft the draft amendment tot the dog ordinance will. be for reviewed and considered, not an approval session. Councilor Golembeske gave a synopsis oft the draft amendment to the dog ordinance. Chief Raynes clarified key points within the draft amendment dog ordinance asked of Councilors. Sheila Mackintosh, of Wordell Lane asked about fees for neutered or spayed dogs. James Odell, of Sakonnet Trail commented that hel has discussed at length with thel Police Chiefi in thej past and thanked the Chief for his efforts on1 this matter. Mr. Odell stated that discussion had was not for a leash law, this is not to affect all animals in town, just those that are problem animals. Andrew Rhyne, of Pachet Brook Road provided the Council with a written statement of comments. Mr. Rhyne stated that he and his wife have been bitten by a dogi in his neighborhood. They are constantly harassed by dogs in his area. Mr. Rhyne suggested that homeowners need tol bel held accountable through insurance coverage requirements, training and ai fence ofs some sort. This matter will come before the council at al later date for: further discussion. Motion made by Councilor Iriarte-Moore, receiving a second by Councilor Golembeske, all in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To refert the single bid received of$9,700.00 from Shapiro Carpentry: for reconstruction oft the wellhead located at' Town Landing to the" Town. Administrator for determination of budgeted costs and scope oft the project. Jim Lock presented an update on thej potential for Solar Panels to be installed on the roof ofthe school and the financial as well as energy use benefits to the Town. Concern was expressed by the Council as to where the initial capital outlay would come from, understanding that rebates and grants would greatly reduce the final cost to the Town. Tony Teixeira, Town Administrator is looking into grant funding for capital improvements, which would: include this project. Motion made by Councilor McHugh, receiving a second by Councilor Golembeske, all ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): For the Council President, on behalfoft the Council, to send al letter to the RI State Council on the Arts in support oft the Little Compton Community Center's application for a grant that would support the Summer Concert Series. Motion made by Councilor McHugh, receiving a second by Councilor Golembeske, To support the recognition oft the. Armenian National Committee of Rhode Island commemorating the Armenian Genocide on April24,2023. Councilor McHugh withdrew his motion. Councilor Iriarte-Moore commented that the motion to issue aj proclamation is not thei request. Councilor Golembeskè clarified the request states, ifyou can. Councilor Mushen commented Motion made by Councilor. Mataronas, receiving a second by Councilor Golembeske, all inj favor (Golembeske,; Iriarte-Moore, Mataronas, McHugh, Mushen): Toi issue a proclamation ofs support to the Armenian National Committee ofRhodel Island commemorating the Armenian Genocide on April 24, 2023. that this isl how the Town honored them last year as well. Motion made by Councilor. Mataronas, receiving a second by Councilor Golembeske, all ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To defer to the Town Administrator: and Police Chief the identification of anyi impeded routes for the annual Cycle For Life Bicycle Ride for 2023 by the Cystic Fibrosis Foundation. Motion made by Councilor Iriarte-Moore, receiving a second by Councilor Mataronas, all in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To charge the Council Members with reviewing the draft of thel Rhode Island Resource! Recovery Corporation, Solid Waste and Recycling Services Agreement reporting any concerns to Motion made by Councilor Mataronas, receiving a second by Councilor Golembeske, all in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To engage a Municipal Finances Consultant as requested by the' Town Administrator. the' Town. Administrator. Donald Medeiros, Ablel Engineering commented his scope would bet to analyze existing drainage issues, prepare a design to control erosion, mitigate storm water, and comports with goals ofthe Municipal Resiliency Grant, resulting inj preparing al RFP. Councilor McHugh asked what will fund the $8,975.00 for the project. The Town. Administrator confirmed the funding source to be from the grant and clarified that Don Medeiros will prepare the scope ofwork, not the RFP. Motion made by Councilor Golembeske, receiving a second by Councilor Mataronas, all in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): Toj produce a draft RFP for work on Town Way under the Municipal Resiliency Program. Motion made by Councilor Mataronas, receiving a seçond by Councilor Golembeske, all ini favor (Golembeske, triarte-Moore, Mataronas, McHugh, Mushen): Toj place on file a copy oft the resolution adopted by the Tiverton Town, Council in support of Housing &) Development Land Use. Also requesting that the Planning Board and LCI Housing Trust have this for their recommendations ifas similar resolution would be appropriate for Little Compton. Motion made by Councilor Iriarté-Moore, receiving a second by Councilor. Mataronas, all in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): Toj place on filea a copy ofa ai resolution adopted by the Town of Warren to thel RI General Assembly of amendments to their Home Rule Charter. Motion made by Councilor. Iriarte-Moore, receiving a second by Councilor Mataronas, all in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): To place on file a copy ofai resolution" by the Warren Town Council in support ofHousing Development & Land Use. Motion. made by Councilor Iriarte-Moore, receiving a second by Councilor Mataronas, all in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): Toj place on file a copy ofar resolution by the Warren Town Council to thel Honorable RI General Assembly requesting an amendment to P.L. 1991, Chapter 330 the enabling act creating the Bristol-Warren Regional School District. Motion made by Councilor Mataronas, receiving a second by Councilor Iriarte-Moore, all in favor (Golembeske, Iriarte-Moore, Mataronas, Mushen) opposed (McHugh): The Council to craft ai resolution ins support oft thei resolution made by the Warren Town Council in support oft the Rhode Island League of Cities and Towns 2023 Legislative Priorities. Motion made by Councilor Golembeske, receiving a second by Councilor Mataronas, all ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): Toj place on file a copy ofar resolution from the Town of Warren in support ofe enabling legislation authorizing tax amnesty periods for municipalities (H5602-Slater). Motion made by Councilor Mataronas, receiving a second by Councilor Golembeske, all in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): Toj place on fileaac copy oft the resolution from thel Burrillville Town Council's commitment to Environmental, Social and Governance Investing bej placed on file. Motion made by Councilor) Mataronas, receiving a second by Councilor Golembeske, all in favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): Toj place on file a copy ofai resolution from Hopkinton' Town Council in support ofH-6119, an act relating tol Human Services-Medical Assistance. Motion made by Councilor Golembeske, receiving a second by Councilor. Mataronas, all ini favor (Golembeske, Iriarte-Moore, Mataronas, McHugh, Mushen): That the bills be allowed and ordered paid as follows: $30,188.13 Pioneer. Heavy Duty Parts - Senior Van Peckham's Greenhouse LLC- Town Hall Heather J. Cook- Town Clerk/Board of Canvassers: RI Probate Judges Association- - Town Clerk East Bay Media Group Probate/Town Clèrk East Bay Media Group - Probate/Town Clerk East Bay Media Group - Planning Board Pannone Lopes Devereaux & O'Gara LLC Alarm New England -Town Hall Rhode. Island Energy -Street Lights Rhode. Island Energy Transfer Station Rhode Island Energy Street Lights Rhode Island Energy Public Safety/Transfer Station Rhode Island Energy - Public Safety Complex Rhode. Island Energy Town Hall Rhode. Island Energy Meeting Hall Rhode. Island Energy -IOOF Rhode. Island Energy Town Dock Petro - Public Safety Complex RI Town & City Clerks Association Chappell & Chappell Attorneys at] Law Chappell & Chappell Attorneys at] Law Helger Bros Construction and' Trucking LLC-I DPW NAPA Auto Parts DPW Atlantic Elevator South Co., Inc. Town Hall Rhode. Island Public Works Association- DPW Metropolitan Compounds, Inc. DPW Home Depot - DPW Valcourt Heating - Grange Hall, DPW,PSC Tiverton Sign Shop- - DPW Eastern Salt Company, Inc. - DPW $102.79 $140.00 $62.75 $55.00 $122.50 $122.50 $82.00 $55.78 $635.94 $83.48 $324.24 $52.25 $492.88 $1,098.07 $680.37 $30.46 $3.33 $46.18 $1,797.05 $45.00 $1,000.00 $1,750.00 $2,394.00 $194.57 $590.00 $25.00 $1,303.37 $233.92 $306.50 $385.00 $2,655.66 Griggs & Browne Co., Inc. -Transfer Station Griggs & Browne Co., Inc. - Town Hall Griggs & Browne Co., Inc- - DPW Verizon- - DPW Wilbur's General Store- - DPW Traffic Signs & Safety, Inc. -DPW Rhode Island' Truck Centerl LLC-I DPW Pioneer Heavy Duty Parts-I DPW W.B.Mason - Police. Department Anna's Uniform Supply Inc. -] Police. Department Anna's Uniform Supply Inc. - Police Department Cox Business Police Department Cox Business - Police Department Verizon Police Department Rob's Auto Care, Inc. -) Police Department Rob's Auto Care, Inc. - Police Department Denise Cosgrove- - Tax Assessor AB Planning & Mapping Cox Business 32 Commons Verizon - Watewater Treatment $60.00 $60.00 $40.00 $82.72 $42.74 $750.00 $353.46 $645.84 $179.58 $55.00 $644.00 $59.99 $77.60 $82.83 $1,438.00 $55.00 $2,592.00 $41.92 $1,947.50 $139.74 $56.55 $50.00 $50.00 $4,236.46 Griggs & Browne Co., Inc. - Public Safety Complex/Police Department Griggs & Browns Co., Inc. - Public Safety Complex/Fire Department Firematic Supply Co., Inc..-.A Ambulance Fund Coronis Ambulance: Fund Firematic Supply Co., Inc. Ambulance. Fund Mason Mobile Truck. Alignments - Fire Department Anna's Uniform Supply Inc. - Fire Department Crystal Rock - Fire Department Rob's Auto Care, Inc. Fire Department Southcoast Occupational Health - Fire Department Wilbur's General Store Fire Department On Scene, LLC- - Fire Department On Scene, LLC-F Fire Department Cox Business Fire Department Firematic Supply Co., Inc. - Fire Department $396.81 $1,137.96 $2,701.69 $225.00 $591.98 $68.64 $15.00 $120.00 $11.53 $655.67 $302.58 $73.21 $105.00 total $2,168.61 $30,188.13 23-Mar-23 Having no further business before the Council, the meeting was adjourned at 8:43PM. Heather J. Cook, Deputy Town Clerk Minutes ofa' Town Council meeting held on March 30, 2023 at 4:00 o'clock PMI held ini in- person format at the Public Safety Complex, 60 Simmons Road, Little Compton, RI. Members present: Andrew Iriarte-Moore, Gary Mataronas, and Robert) L. Mushen. Also present: Town Administrator, Tony" Teixeira, Anthony. DeSisto and Stephen. Antonucci. Council President Mushen call the meeting to order at 4:03PM Discussion ensued concerning term ofe employment including specific tasking under the monthly stipend and under hourly fee. Motion made by Councilor Mataronas, receiving a second by Councilor Iriarte- Moore, all in favor (Iriarte-Moore, Mataronas, Mushen): To engage. Anthony DeSisto Law as Town Solicitor. Anthony. DeSisto and Councilor Mushen executed terms of agreement document. With no further business before the Council, thé meeting was adjourned at 5:10PM Heather. J. Cook, Deputy Town Clerk DHR-I RECEIVED APR 032023 Carol A. Wordell, CMC, Town Clerk 40 Commons PO: Box 226 Town ofLittle Compton, RI To: Antonio. A. Teixeira Town Administrator From: Heather. J. Cook, Deputy Town Clerk Wc Date: April 3, 2023 The office oft the Town Clerk handles on a daily basis a wide array oft tasks. During the month of. January the following figures display the volume of work: Dump stickers 326 issued Recording land evidence 57 instruments recorded Dog licenses -3 Vital records certified copies issued -9 Marriage License issued -0 Miscellaneous fees collected for Probate, copying, appliance etc. - see attached. In addition to our day to day activities we. have the following: Probate Court responsibilities Council Clerk responsibilities- meetings, minutes, follow up actions Coordinate with the ITj personnel for day-to-day issues, oversee website daily needs, audio/visual needs for council chambers inj prep: for hybrid meetings Ongoing responsibilities as Wellness Coordinator for the Trust, sharing multiple opportunities to achieve better overall health Attend weekly Town Hall renovation meetings Attended RI Board of Election training DH-a Town ofLittle Compton OFFICE OF THE TAXI ASSESSOR Post Office Box 226 Little Compton, Rhode Island 02837 (401)635-4509 April 3, 2023 To: Town Administrator Antonio A. Teixeira From: Denise M. Cosgrove, RICA Tax Assessor Re: DEPARTMENT HEAD REPORT The month of March: Sent CAI Technologies the 2022 Planning Board approved plan changes to update G.I.S. and our Plat Map books while continuing to review current records More responses to Division of Municipal Finance in reference to pending legislation concerning the fiscal impact relative to our community. Requested records destruction approval and retention for the office. Received approval to destroy many boxes of old obsolete documents from the Boxed items to transport to storage for temporary displacement of the office. Reviewed pertinent reports relative to assessment changes, adjusting if needed Completed the annual filling for Low income and Elderly and tangible personal Maintain general office procedures updating deeds and property records while for accuracy. Secretary of State's Office. inordert to finalize the values necessary for the budget. property. addressing requests and concerns as they arise. Respectfully submitted, ACR RICY Denise M. Cosgrove, RICA Tax Assessor DHR-3 APR 032023 RECEIVED TOWN of LITTLE COMPTON BUILDING/ZONING DEPARTMENT P.O.BOX226 LITTLE COMPTON, RI. 02837 401)635-8384 Building Dept. Monthly Report February 2023 Getting up to speed with Viewpoint, Vision, Axis GIS Bringing Viewpoint up to date with active open permits. Working with Assessors Office on open active permits. Developing action plans for Zoning reviews & Building Inspections. o Developing guide/checklist for Residents applying for Permits. Participated in webinar training with Viewpoint. Attended RIBOA training @New England Tech. Attended RI League of Cities and Towns Conference & Workshops March 2023 Metrics 61 Permits issued 631 Inspections logged $18,934.00 Revenue collected. DHR-4 RECEIVED APR 04 42 2023 Little Compton Fire Department March Report 2023 Little Compton Fire Depart: ment Incident Anal ysis From 03/01/2023 Thru 03/31/2023 Incidents By Time And Day Pager 1 Print ed: 04/04/2023 SUN MON TUE WED THR FRI SAT TOTALS AM 2 AM 3 AM 4 AM 5 AM 6 AM 7 AM 8 AM 9 AM 10 AM 11 AM 12 PM 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 PM 10 PM 11 PM 12 AM TOTALS GRAND TOTAL: 51 1 1 1 2 4 4 2 3 5 4 4 4 2 4 3 1 1 3 3 51 1 1 1 1 1 2 1 1 1 1 1 2 2 1 1 1 1 1 1 1 1 1 2 1 1 2 1 2 1 1 2 1 1 1 1 1 1 1 2 10 2 1 NFPA Part II: Fire And Incident Type Breakdown A: Structure Fires By Fixed Property Use 1. Private Dwellings (1 or 2 Family) 2. Apart ments (3 or More Families) 3. Hotels and Motels 4. All Other Residential 5. TOTAL RESIDENTAL FIRES 6. Public Assembly 7. Schools and Colleges 8. Health Care and Penal Institutions 9. Stores and Offices 10. Industry, Utility, Def ense, Laboratories 11. Storage in Structures 12. Other Structures 13. TOTAL STRUCTURE FIRES B: Other Fires And Incidents 14a. Fires in Highway Vehicles 14b. Fires in Other Vehicles 17. Fires in Rubbish 18. All Other Fires 19. TOTALS FOR ALL FIRES 20. Rescue, Emergency Medical Responses 21. False Alarm Response es Number Deaths Injury Dollar Loss 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 1 30 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2200 2200 0 0 0 0 0 0 2200 0 0 15. Fires Outside of Structures With Value Involved 0 16. Fires Outside of Structures With No Value Involved 0 Little Compton Fire Depart ment Incident Anal ysis From 03/01/2023 Thru 03/31/2023 Page 2 Printed: 04/04/2023 22. Matual Aid 23a. Hazmat Responses 23b. Other Hazardous Conditions 24. All Other Responses 25. TOTAL FOR ALL INCIDENTS 2 0 0 13 51 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2200 NFPA Part IV: False Alarm Responses Type Of Call 1. Malicious, Mischi evous Fall Call 2. Syst em Malfunction 3. Unintentional 4. Other False Alarms Number 0 1 4 0 Incident Type Category Breakdown Incide ent Type Cat egory [100-199] Fire/Explosion [200-299] Overpressure Rupture [300-399] Rescue Call [400-499] Hazardous Condition [500-599] Service Call [600-699] Good Intent Call [700-799] False Call [800-899] Severe Weather/Natural Disaster [900-999] Special Type/Complaint Und et ermined TOTAL Occurrences 1 0 31 0 14 0 5 0 0 0 51 Percentage 2.0 0.0 60.8 0.0 27.5 0.0 9.8 0.0 0.0 0.0 100.0 Fixed Property Type Category Breakdown Fixed Property Type Cate egory [100-199] Public Ass embly Properties [200-299] Educational Properties 300-399] Institutional Properties [400-499] Residential Properties [500-599] Mercantile Properties [600-699] Utilities/Technology/Farming/Mning [700-799] Mnufacturing Properties [800-899] Storage Properties 1900-999] Special Properties Occurrences 3 2 0 40 1 0 0 0 5 0 0 51 Percentage 5.9 3.9 0.0 78.4 2.0 0.0 0.0 0.0 9.8 0.0 0.0 100.0 None Unde et er mined TOTAL Personnel Breakdown Name Unknown Pers. Form Tin me Sheet Reporting Approving 0 0 0 0 0 0 0 9 8 0 9 8 Li eut enant David A Nickerson Firefight er Jonathan j Bednarz Little Compton Fire Depart ment Incident Anal ysis From 03/01/2023 Thru 03/31/2023 Page 15 19 51 3 Print ed: 04/04/2023 Captain Randall A Watt Li eut enant Samuel T Hussey 0 0 0 0 0 0 15 19 51 TOTAL Apparatus Breakdown Apparatus Fire Chief's Car Fire Prevention Car Engine 2 Forestry Truck Personal Vehicle Rescue 2 Squad Tanke er 1 TIVERTON ENGINE TIVERTON RESCUE 1 TOTAL Responses 4 8 16 1 1 37 3 7 3 6 86 Percentage 4.7 9.3 18.6 1.2 1.2 43.0 3.5 8.1 3.5 7.0 100.0 Incident Type Incident Type Building fire Occurrences 1 1 26 1 3 8 1 1 4 1 1 2 1 51 Perce entage 2.0 2.0 51.0 2.0 5.9 15.7 2.0 2.0 7.8 2.0 2.0 3.9 2.0 100.0 Emergency medical service incident, other EMS call, excluding vehicle accident with injury Motor vehicle accident with injuries Motor vehicle accident with no injuries. Service Call, other Public service assistance, other Assist police or other governmental agency Public service Alarm syst em sounded due to malfunction Unint entional transmission of alarm, other Alarm syst em activation, no fire - unintentional Carbon monoxide dete ector activation, no CO TOTAL Aid Given or Received Aid Given or Received Mitual aid received Matual aid given None TOTAL Occurrences 4 2 45 51 Percentage 7.8 3.9 88.2 100.0 Apparatus Use Apparatus Use Other Suppression Occurrences 23 20 Percentage 26.7 23.3 Little Compton Fire Depart ment Incident Anal ysis From 03/01/2023 Thru 03/31/2023 Page 4 Printed: 04/04/2023 EM TOTAL 43 86 50.0 100.0 For Districts: All For Situations: All For Jurisdictions: All For Street(s): All For Location: All RECEIVED APR 042023 DHR-5 Jnun of ittle (ompton Onun Hall 3.0. Dox 226 ittle (ompton, R3 02837 To: From: Date: Subject: Honorable Town Council Antonio A. Teixeira Town Administrator April 6, 2023 March monthly report Town Hall Restoration - Weekly meetings continue to be held with the Damon Company to discuss current and future construction plans. Madden Electric and Helgers Brothers have cut the road, installed conduits and run the necessary wiring for RI Energy to connect the electric. Madden Electric continues electric work ini the Town Council Chambers and the vestibule. Installation ofv windows has been done in about 90% oft the complex, except for the connector. The Town Council platform has been sanded and Senior Van -IH had the opportunity to visit RIPTA's office to discuss our partnership fort the new van. Local Solar - Mr. Bill Ferguson, the solar consultant did review thei three proposals and made some observations thatl provided at the last meeting to the Town Council. He did concur with much of the work done by Mr.. Jim Lock. He also agrees that Newport Renewables is the best option. Fire Safety - We have engaged the Professional services of Ray Gomez to assist the Town with Fire Safety throughout the renovation oft the Town Hall. He is working along with the Architect, Crescent Town Budget - The budget has been distributed to the Budget Committee for their review and Parking Lot- -Ameeting was held to revisit the plans for the parking lot thati is tol be constructed by the DPWI Building -Ih have asked Director Bill Moore and Foreman Kurtis Keohane to meet with Architect stained. The railings arel being worked on. There is an Agenda item fori the MOU for the purchase of the van. Alarms and LCF Fire Marshal. recommendation: fori the Town Finance meeting to be held May 24, 2023. basketball court. There is an agenda item dedicated tot the project. Melissa Hutchinson to develop ai footprint of the building. 1Page RECEIVED APR 04 42023 OB-I Joun of ittle Compton Joun Hall .0. Dux 226 Gittle (ompton, RJ 02837 To: From: Date: Subject: input: Honorable Town Council Antonio A. Teixeira Town Administrator April 6, 2023 Parking Lot Attached are three possible designs from Civil Engineering Concepts, Inc for your review and 1) The current DPW garage remains as is and entrance to the parking lot will go between 2) Remove the small attachment oft the DPW garage to create one-way exit/entrance -in between Grange and Community and exit between DPW garage and Grange. 3) Remove the current DPW garage to add 14 parking spots and two-way traffic. Mr. Bill Smith will be in' attendance to explain further any questions related to the project. Funding is coming from the Town Bond. We are working with the School Department to capture some funding from Housing Aid - RI Department of Education. the Grange and Community Center. 1 a - 3 - RECEIVED APR 0 4 20231 0Ba Joun of ittle Compton Onwn Hall .0. Dox 226 ittle (ompton, RJ 02837 To: From: Date: Honorable Town Council Antonio A. Teixeira Town Administrator April 6, 2023 Subject: RIPTA van purchase Rhode Island Public Transit Authority (RIPTA) has sent us a Memorandum of Understanding (MOU) for our review and approval to go forward with the purchase of the van. The agreement calls for eighty (80%) paid by RIPTA from federal funding and the Town of Little Compton contributes twenty (20%). The attached MOU details the full agreement. lask the Town Council authorization to sign the MOU on behalf of the Town of Little Compton. Thank you! 1 MEMORANDUMI OF UNDERSTANDING COMMUNITY VAN PROGRAM This Memorandum of Understanding ("MOU") is entered into by the Rhode Island Public Transit Authority ("RIPTA") and Little Compton ("Municipality). RIPTA and Municipality may be referred to collectively as the ("Parties"). RECITALS WHEREAS, RIPTA has access to Federal Transit Administration ("FTA") Section 5311 WHEREAS, the Municipality is in need of a van to meet the transportation needs of its WHEREAS, the Municipality seeks to obtain a van from RIPTA that the Municipality will NOW, THEREFORE, in consideration of the promises in this MOU, and for other good and valuable consideration the receipt of which is hereby acknowledged, the Parties formula funding for vans that will provide rural transportation. residents. use, maintain and operate to provide transportation for its residents. agree as follows: SECTION ONE - PROVISIONS Recitals. The Recitals above are true and correct and made part of this MOU for Incorporation by Reference. All of the terms and conditions described in FTA's Master Agreement, are expressly incorporated by reference into this MOU and made a all purposes. part hereof. Term. The term of this MOU shall commence on the date of execution and shall continue through until the ownership of the van has transferred from RIPTA to the Entire Agreement. This MOU represents the entire agreement between the Parties Modification. This MOU may only be modified in writing signed by both parties. Municipality. with respect to its subject matter. Waiver of Breach. The failure of either Party to enforce any provision of this MOU shall not be deemed a waiver of such provision or modification oft this MOU. A waiver of any breach under this MOU shall not be deemed a waiver of any subsequent breach. Governing Law, Venue and Waiver of Jury Trial. This MOU shall be interpreted and construed in accordance with, and governed by, the laws of the State of Rhode Joint Preparation. This MOU has been jointly prepared by the Parties, and shall Severability. In the event any part of this MOU is found to be unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this MOU and Island. not be construed more strictly against either party. the balance of this MOU shall remain in full force and effect. Counterparts. This MOU may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. Signatures provided by facsimile or by e-mail delivery of a pdf-format file shall have the same force and effect as an original signature. Indemnification. The Municipality agrees to indemnify and hold harmless RIPTA and the FTA against any liens, judgments, awards, demands, claims for personal injuries or property damages, or damages of any nature relating to or arising from the Municipality's possession, maintenance, use andlor operation of the van, including but not limited to all amounts comprised of direct damages, indirect damages, consequential damages, catastrophic damages, punitive damages, interest, costs and/or attorneys' fees. SECTION TWO - PERFORMANCE Purchase. RIPTA will purchase the type of van sought by the Municipality. At the time of purchase, the Municipality will provide twenty percent (20%) of the purchase price to RIPTA. RIPTA will furnish eighty percent (80%) of the purchase price through the use of FTA funds. Possession. RIPTA will transfer possession of the van to the Municipality. Lien Period. RIPTA will place and retain a lien on the van for a period ofi five years from the date Possession is transferred from RIPTA to the Municipality. This five- year period encompasses the van's useful life defined by the FTA. During the Lien RIPTA will retain ownership of the van during the Lien Period. Period RIPTA will hold possession of the title. Transfer. At the expiration of the Lien Period RIPTA will remove the lien and Maximum Use. The Municipality agrees to maximize its use of the van at all times to provide transportation that meets the transportation needs ofi its residents and supports transportation needs promoted by other federal projects or public transfer ownership of the van to the Municipality. transportation initiatives. Failure to Perform. Ifat any time the Municipality fails to perform the terms and conditions of this MOU, or otherwise engages in conduct SO as to breach the terms and conditions of this MOU, RIPTA shall have the right to reclaim possession oft the van, with the Municipality forfeiting any right to claim reimbursement of the amount paid to purchase the van. SECTION THREE = REQUIREMENTS Insurance. Municipality shall secure and maintain commercial comprehensive general liability insurance, with limits of$3,000,000.00 per occurrence and $5,000,000.00 aggregate for the duration oft the term of the MOU. Municipality must name RIPTAa asan Proof of Insurance. Municipality shall furnish proof of insurance to RIPTA, which is appended hereto as "Exhibit A". Municipality shall also seasonably supplement proof additional insured on the policy. ofi insurance, upon expiration and renewal of any policies. Maintenance. The Municipality shall be solely responsible for all timely and proper maintenance and repairs to the van that meets or exceeds manufacturer requirements and for compliance with all warranty requirements. Records. The Municipality shall keep accurate records pertaining to the van's Inspection. At any time, upon reasonable notice to the Municipality, RIPTA shall be authorized and entitled to inspect the condition of the van and to review all Records operation, use, maintenance and/or repair. maintained by the Municipality in accordance with this MOU. SIGNATURES ON NEXT PAGE RHODE ISLAND PUBLIC TRANSIT AUTHORITY By: Date: Scott Avedisian, Chief Executive Officer Approved as to form and substance: By: Date: Steven A. Colantuono, Chief Legal Counsel MUNICIPALITY By: Printed Name: Title: Date: Tony Teixeira From: Sent: To: Cc: Subject: Attachments: Hi' Tony: Anthony DeSisto tony@adlawlcnet> Monday, April 3, 20233:11PM Tony Teixeira Robert Mushen; Joseph DeSantis; Benjamin Ferreira (Ben) Confidential Attorney-Client Privileged Communication MOU Little Compton Community' Van Program March 2023.pdf Ireviewed the agreement, and it can be submitted to the Town Council in its current form. Ido, 1. Page 2, the section entitled Governing Law, Venue and Waiver ofJury Trial" only addresses the law governing the MOU. Venue and waiver ofjury trial are: not mentioned in the section. This is to the Town's advantage, soldon'trecommend ai revision (despite the omission). 2. Onj page 3, the "insurance" section requires the a 3 million/5 million liability policy. Iassume Little Compton's Trust policy has a 5 million limit, and I don't doubt that the Trust will add RIPTA as an additional insured for this vehicle only. Submitting thel MOU to the' Trust is always a good Please let me. know ifyou have any other questions regarding this document. Also, sending these types of documents to me by email is fine. It's the best way to get a prompt turn-around time on however, have a few comments on the MOU: idea especially with ai requirement like this one: in the document. review. Tony On Apr 3, 2023, at 2:07 PM, Tony Teixeira tteixerra@/itlecomptonr.org wrote: Afternoon' Tony, the MOU. We are partnering with RIPTA in the purchase of a Vani for Senior transportation and as you will see in Could you please review and let me know ift there are any concerns? Iwould like to submit it fort the upcoming Town Council Meeting. The deadline for the agenda is tomorrow/Tuesday morning. Iwill also submit it to the Trust fori insurance purpose. Please let me know if this process of submission of documents to you is fine or prefer something different. 1 RECEIVED APR 08 3 2023 NB-2 DRAFT 2 AI Resolution in Opposition to Offshore Wind Turbines Sited Off Little Compton WHEREAS, the Little Compton Town Coyncil supports the development of clean, renewable WHEREAS, the Town Council recognizes the need for renewable energy infrastructure, including wind power, and has demonstrated support for clean energy through the implementation of initiatives including the installation of solar panels on municipal buildings; and WHEREAS, the Town Council has the duty to protect and promote the physical, economic, mental, and emotional well-being oft town residents, and to protect and promote the livelihoods WHEREAS, the Bureau of Ocean Energy Management (BOEM) is considering applications from private energy companies to construct offshore wind facilities in a vital marine habitat beginning 12.9 miles off the coast of Little Compton which will include over 100 wind turbines, each nearly 900 feet tall, constructed on 30-40 foot diameter piles driven deep into the seabed; and WHEREAS, the construction and operation of the offshore wind facilities willl hinder marine navigation, disturb fish stocks and fishermen, marine environments and habitats, pelagics, groundfish, shellfish, and marine mammals, commercial and recreational boaters, and the energy, including solar power, waste to ènergy, and geothermal; and of those who work on and off our shores; and myriad values provided by the ocean; and WHEREAS, the Town Council believes that the construction and operation of the proposed wind facilities represent a significant threat to the welfare and livelihoods of the citizens, property NOW, THEREFORE, BE ITI RESOLVED, that the Town Council is opposed to the construction and operation of offshore wind facilities (including the projects surrounding Coxes Ledge, Revolution Wind," "SouthCoast Wind," "South Fork' Wind," and "Sunrise Wind") in the proposed BE IT FURTHER RESOLVED, that a copy of the Resolution shall be sent toi the Governor of owners, and visitors ofl Little Compton; location, a vital marine habitat near the coast of Little Compton. Rhode Island and to our Congressional Representatives. Jahu .lwede 457 W.vlaiR A.C.R3T 4/0/- sitt 314-5521 RECEIVED MAR 2 8 2023 MB: Atfle Cmplu Toon Tax booscl, Twoni May, CGWCorn, ascreit dftopiy to Sley afloat and Ry bills, Scmalhins hact to be pd 099 +ill - Lvas cble o Save- Ch-Protanatly paying wy goperty axes Suflened. Yexes o Paying eff VHhys lke leber agonties Sor - wy soccleyorklas byssinss, ZR5 cvas adersslaskiay aud -tock 15% cf wy 5,5. whtch us likg baccu Pr wodih, 014 FiRwAcres faverl srcuices, cef4er G ewgeacs, at e time doll, setfeck and I wELS ceble topay -hew. Somewhere oojs oS so fHcwe Depat +uak leyal Gefcon ancl at shoouc Wevth 7 cas able -o pay flem CS 'w C few years. e3013 I urned 65 anc quatitat ur pension from VA. this wacte possible da paay wore bi(s cfS. Noweues 05 vDe al fwewwhen yoa pay one +hins j another popsap. Wath vaintauin) 4he hosse Guc vahical, sxws,Cnwkg Gud he V,wy piee cl -thinss Vseds were Garee -for. did get a comple of qood Solbs iwthe past 5or G years bulldls Kidcheus -for ws brother Guck Oue in L.L. avck his really helpel qet cebove wafe A+ his tie 7 Corld 95 vy -okes 13,000a Gr So/ Most of -hat 7k is penaltes. qk yoe qHhs-tie, you Could_swehw. lessen.-the penally nambec sowewhat.Z wéllpag and wiake wytax. byLcurcent. frsat Se wenttou, Thauks so Pualassiance, which helpalin many.waysaid hamiship.stax relief progw. Andmost sectainly the VAugtereu CCo F hasnt boen easy afler yy wite NancyRst i-oo.aed whateves you Saue me oM takes,L hops o honoc her (ale with. a propsr hescl staue Meyhng fr. Yoar Cnsiderationy. hde /9083 NB-4 MAR 312 2023 RECEIVED Larry Anderson PO Box 205 15 Snell Road Little Compton, RI 02837 401-635-8853 aranderonleetannt Sent via email to: Deputy Town Clerk Heather Cook, ckaltecompioniong March 31, 2023 Little Compton Town Council 40 Commons Little Compton, RI02837 RE: Draft warrant article for proposed May 16, 2023 Special Town Meeting regarding installation of solar photovoltaic systems on Town-owned buildings Dear Council Members: Icould not attend the March 23, 2023 meeting oft the Town Council, which included, under Old Business Item #4, a discussion of aj proposal to install photovoltaic solar systems on various Town-owned buildings, including the Wilbur-McMahon School, the Town Hall, and Ita appears that rapid progress has been made on this proposed project. A vendor has been selected to manage installation of the photovoltaic equipment. An independent consultant has provided a report on the project's technical and financial feasibility. However, it occurs toi me that some or all oft the elements oft the proposal, including appropriation ofr needed funds, as well as possible legal arrangements that may involve uses of or contractual agreements for the use oft town-owned property as provided in Home Rule Charter Section 103, may require approval by voters at a Financial Town Meeting. To my knowledge, the proposed warrant for the May 16, 2023 Annual Financial Town Meeting does not include an article specifically authorizing the proposed project and/or appropriating funds toi implement Ir respectfully suggest that the Town Council consider scheduling a Special Town Meeting to take place on the same May 16, 2023 evening as the annual Financial Meeting, for the sole purpose ofacting on a warrant article that would 1) authorize the Town Council and/or the School Department toi implement the photovoltaic solar project, specifically on the Wilbur- the Public Safety Complex. it, in whatever form or scale the project may take. Page 2 McMahon School; and 2) appropriate the necessary funds and identify the funding sources available toj pay for the project. Authorization to call a Special Town Meeting: Ihave appended the provisions oft the Home Rule Charter and Rhode Island General Laws that authorize the' Town Council to call Special Town Meetings on relatively short notice. Section 302 of the Home Rule Charter ("Recessed and Special Town Meetings") and Rhode Island General Laws Section 45-3-6. ("Call ofi meeting on request of electors") specifically authorize the Town Council to call a Special Town Meeting. Rhode Island General Laws Section 45-3-8. ("Clerk's warrant giving notice"): provides that the Town Clerk shall post a warrant and notice ofa Special Town Meeting "at least seven (7) days before the day appointed for the meeting.' " To the best ofi my recollection, the Town has from time to time called such Special Town Meetings to coincide with the Annual Financial Town Meeting in order to consider business that arose after the early March deadlines provided in Home Rule Charter Sections 306 and 503 for submission ofFTM articles. Draft warrant article for proposed May 16, 2023 Special Town Meeting: An article such as the following could comprise the entire business oft the proposed Special Town Meeting: To see ifthe Town will authorize the Town Council and the School Committee to expend an amount not to exceed $530,000* to install photovoltaic solar panels and equipment on the Wilbur-McMahon School to the extent technically andfinancially reasonable, along with any necessary, site modifications (the "Project"). Funds for the Project shall be provided, as necessary,from the General. Fund unrestricted balance, the Capital Fund, the Reserve Fund, School. Department unrestricted and capital funds; or other federal and state grants, credits, and rebates; or any combination ofthesef funding sources. Moreover, the Town and/or School Department. shall be authorized, to the extent allowed by the Town' 's "Credit Purchase and. Sale. Agreement"with TPE RI WAI, LLC, to allocate virtual net metering credits to qualifying non-profit organizations, such as the. Brownell Library, the Community Center, and the Wellness Center. Page 3 [*NOTE: While the total estimated cost ofi installing photovoltaic panels on1 the three town-owned buildings is approximately $513,000, the anticipated net expenditure of funds by the Town, after state and federal grants and rebates, is estimated tol be approximately half that amount, or even at low as $130,000. It is anticipated that the funds expended for the project will bej provided from sources other than the Town's property tax levy. Hence, the Project's initial capital cost would have no impact on the' Town's tax rate for FY 2024 and ensuing years.] Iti is possible that only certain limited elements oft the proposed project willl bei ready for implementation during the coming fiscal year. Thej proposed Special Town Meeting and warrant article are, in a sense, placeholders to allow the opportunity for possible prompt action. This draft proposal encompasses only the Wilbur-McMahon School. However, it could be amended at the Special Town Meeting, to reflect the specific elements and details Ins sum, Ithink the Town, the School Department, and town residents and taxpayers potentially have much to gain from this project, financially and environmentally. Scheduling a Special Town Meeting now does notl by itself represent a commitment to implementing or funding the Project. On the other hand, there may be an opportunity cost to the Town, its residents, and its taxpayers in failing to seek and procure voter approval for the Project in ofthe project that may be: feasible at that time. timely fashion. Thank you for your consideration ofmy concerns. Sincerely, Lnyfhten Larry Anderson Cc: Little Compton School Committee, clo Supt. Dr. Laurie Dias-Mitchell Little Compton Budget Committee, clo Chair George Crowell Little Compton Town Clerk Carol Wordell Little Compton Town Administrator Tony Teixeira Little Compton Town Solicitor. Anthony DeSisto Mr. James Lock Page 4 Appendix: RE: Town Council authority to call a Special Town Meeting: Little Compton Home Rule Charter [Reso. 7/6/06; approved at election 11/7/06] The annual Financial Town Meeting may bei recessed to a subsequent date by vote oft the electors present. Any such recessed Financial Town Meeting shall bei reconvened one week after the date oft the original Financial Town Meeting, and, as may be necessary, at one week intervals thereafter. Special Town meetings may be called by the' Town Council or by petition of ten percent (10%) of the electors of the Town and shall be warned and limited as to subjects to be considered as provided in State law, pursuant to the provisions of Chapter 3, Title 45, Sections 6 and' 7 of the GeneralLAws. R.I Gen. Laws $45-3-6. Call ofmeeting on request of electors. Whenever the town council, or whenever ten percent (10%) ofthe electors ofany town, as provided in this section, less any fractional part that may appear ini this computation thereof, shall make a request, in writing, for the calling of a town meeting to transact any business relating to the town in respect of which they shall have a right to vote, and direct the request to the town clerk, the town clerk shall cause the electors to be notified of the time when and the place where the meeting is to be held, and of the business proposed to bei transacted; except as provided in $ 45-3-7; provided, that the ten percent (10%) shall be computed on the total number of electors appearing on the last canvassed voting lists oft the town as having a right to vote in the transaction of any business that may bej presented at the meeting. $ 45-3-7. Consent of council to special meeting. No special town meeting shall be called without the consent oft the town council, ifthe subject or any oft the subjects proposed to be considered at the special town meeting have been acted on by the town at any time within six (6) months prior to the time oft the proposed call. $45-3-8. Clerk's warrant giving notice. Page 5 The notice to the electors to meet in a town meeting, prescribed by law, shall be given by the town clerk issuing his orl her warrant, directed to the town sergeant or one oft the town constables oft the town, ori in the event that the town sergeant or a town constable is not available, to any elector of that town designated by the town or city clerk, requiring him or her toj post, atl least seven (7) days before the day appointed for the meeting, written notifications in three (3) or more public places in the town, oft the time when and place where the meeting is tol bel held and oft the business required by law to be transacted. Heather Cook From: Sent: To: Cc: Subject: Attachments: Afternoon, Larry. lockj Samesbodemdegmalcom Friday, March 31, 20234:41PM Larry Anderson Heather Cook; Carol Wordell; Tony Teixeira; Dias-Mitchell, Laurie; georgectowellecoxnet, office@adlawlc.net Re: Agenda item for April 6,2 2023 Little Compton Town Council meeting Cost ofe lxdindy3Senarosdox. First, Iwant tot thank you for sending thist to me. Iam, blessedly, unaware oft thes arcana oft towni fiscal Next, Ineed to apologize to everyone else ont thist missive.) I was, frankly, surprised tol learn that funds fort this were noti included int the capital budget for next year. I blame myself for not] presenting the financial impact Thise enclosure documents what the Town currently pays per year for electricity ($109,000), and estimates whati ity willj payi ifnothingi is done ($91,300, ori ifs solar panels go on] Public Safety Complex ($82,200), ori if solar panels go ont the school with at transfer of credits tot town non-profits ($43,200). In short, the town saves $48,000 per year, for 25; years or more, for a onet time capital expense of $123,600.1 Iwould venture that an investment return oft this magnitude ist unprecedented int townl history, setting asidet the benefits tot the planet. Iplant to come tot the Town Council meeting next Thursday, and1 bring this analysis with me.. As before,I want tot thank' Tony Teixeira andi the Council: for allowing thist to movef forward. LI hope that we can seal the practices, but this seems toi met tol be a wise move. oft thej plan with enough clarity. Mea culpa." This note: is ans attempt to rectify. deal. Jim Lock Onl Mar 31, 2023, at 9:21 AM, Larry Anderson mymleronl@retioaue wrote: Heather- Asl Imentioned on the phone yesterday, I have attached a letter addressed to the Town Council, which/respectfuly request bei included on the Council's As you will note, have cc'd this email and attachment to those included ini the letter itself as recipients oft the letter. have tried myl best to find accurate email addresses for them, but ify you see anything amiss please let me know (or feel agenda fori its April 6, 2023 meeting. freei to forward thist to any and/or all of them). Let me know ify youl have any questions about this request. As always, thanks for your assistance. Best regards, Larry Anderson 635-8853 1 COST OF ELECTRICITY FOR LITTLE COMPTON, CURRENT YEAR AND 3 SCENARIOS FOR NEXT YEAR Analysis done by. JE Lock, March 30, 2023 Electricity Usage inl MWhrs by source 540* 200* 352** 148* 352** 52*** 32* 248*** Annual cost Capital Costs Total annual cost of electricity after Rebates ofe electricity by source $109,000 $42,600 $48,700 $31,500 $48,700 $2,000 $6,800 $33,400 $3,000 Fiscal year 2022-23 Fiscal Year 2023-24 No Solar 2023-24 Solar on PSC 2023-24 Solar on School 272** Transfer of 80 Credits to Town Non-Profits $0 $0 $109,000 $91,300 $89,000 $82,200 $123,600 $43,200 NOTES * ELECTRICITY FROM RI ENERGY, $207/MWhr this year, $213 next year ** ELECTRICITY FROM TPE RI, $138/MWhr next year. *** ELECTRICITY FROM SOLAR $2,000-$ $3,000, Cost of Maintenance, est 14C-1 - RECEIVED MAR 3 1 2023 PETITION TO THE TOWN COUNCIL TOTHE TOWN COUNCIL OF THE TOWN OF LITTLE COMPTON, RI The undersigned respectfully requests ofyour honorable board, that a The LImE Lompron GmECLuR fon A "SRF +Tip! PIMNER TD BEHELR Cn PREITISKS AT license may be granted to: SAN Dy6n Rb MARIL 31 3023 ELA AIENSE AgAhue Signature In Town Council, Read and granted Witness, Town Clerk BLC-3- CAROLYM SAKONNETVINEYARD 3/28/23 Members of the Little Compton Town Council: Sakonnet Vineyard has operated as a member ofa Little Compton community for almost 50 years. We have safely and responsibly: served alcohol and food to the public for decades. In an effort to remain competitive int the current landscape, create additional revenue streams for our business, and to offer our guests a well-rounded experience, we request consideration and Many of our surrounding partners in the vineyard and winery industry have expanded their offering to their guests by adding beer and distilled spirits to their menu. AI BVI license will help Grape growing and winemaking is a challenging, yet rewarding business. There isal heavy dependence on Mother Nature as to the success oft the product that we produce and sell. In order to succeed and grow financially, we, like other farms, need to rely on additional revenue streams to survive. We have a short hospitality season that is also very weather dependent but Many of our loyal customers visit frequently throughout the year. We hear time and time again ofar missed opportunity for them to bring certain guests with them because they "don't like wine." We are sO much more than just a winery. We see an opportunity to utilize an expanded menu, to introduce Sakonnet Vineyard to those who would not normally visit. To educate them about our history of farming, conservation work, and our longstanding efforts as New England's If we have learned anything during the 2 years oft the "COVID experience," it is be flexible, pivot, Inc closing, with our ServSafe and TIPS certified team members, we are trained to responsibly serve alcohol as well as refuse service when necessary. We see providing additional alcohol options as a natural extension of our current product line and business model. Our food menu will continue to evolve as demand and staffing allows. permitting) where our previous cafe has operated historically. approval ofal BV license. us remain competitive. ist necessary to support a 365-dayl business. oldest vineyard and winery. and think outside the boxi in order to survive as al business. Our restaurant experience willi take place in the main building and out on the lawn (weather Our tasting and wine experience will continue to operate in our seasonal barn as well as in the field across from our tasting room. Our hours of operation will vary seasonally, however, we anticipate not opening any earlier than 11 am and being open to the public no later than 9 pm. On occasion we will host private events that will go no later than 11 pm. We appreciate your time in advance as you consider our application for al BVI license. We are available to discuss further and answer any questions that you may have., 1 Sincerely, LgA Cynthia Rocha General Manager Carolym'sSakonnet. Vineyard 2 Carolyn's Sakonnet Vineyard Marked Area for Carolyn's Cafe Carolyn'sCafé interior seating (2) Carolyn's Café deck sèating CAROLYN. S SAKONNET VINEYARD Carolyn's.Café. Al Fresco seating A Carolyn's Café interior seating (1) sakonnetwine Carolyn's Sakonnet Vineyard 10:25 :0 Follow SAKONNETWINE Posts sakonnetwine Carolyn's Sakonnet Vineyard 0Q7 5likes Thurs-Sun 11am-7pm Augiust 28, 2013 sakonnetwine Carolyn's Sakonnet Vineyard Q A D0 gdixzerohuit 0Q7 381 likes sakonnetwine Carolyn's Cafe is now open7 daysa week! Our hours are now Mon-Wed 1am-5pm & sakonnetwine Channel summertimet thoughts witha lobster roll from Carolyn's Cafe! i@gdixzerohuit. #sakonnet carolynssakomelvinegyard #itlecomptonti U @ October 25, 2015 9QY & Liked by amrachbrooks and 65 others sakonnetwine A little Blanc de Blancs by the fire? Don't mind if we do! caroynsalonnelvneyerd #sakonnet ittlecomptonri #winery #fall View all 2 comments November 11, 2015 10:24 :is0 Follow < 10:23 :io Follow SAKONNETWINE Posts SAKONNETWINE Posts sakonnetwine sakonnetwine Carolyn's Sakonnet Vineyard nes chin. pimple A 0Q7 0QV A Likedb by debrainho8322 and 48 others sakonnetwine Carolyn's Cafei is now opent for the season! sakonnetwine Hfortyfruitfulyears View als 9 comments May1,2015 sakonnetwine 6 Q Likedbyi janelle._gray_ and 41 others sakonnetwine Ac cheese plater from Carolyn's Cafe paired with a glass of our wine makes fora a perfect afternoon! T sakonnet cao)nsakometineyard #littlecomptonri View all3 3 comments September: 21,2015 sakonnetwine Q @ 6 $ CAR o L Y N SAKONNETVINEYARD CAFE MENU FLATBREADS Fig & Gorgonzola..s16 arugula, figs, gorgonzola WhiteClam..516 local clams, olive oil, garlic Margarita..S15 pomodoro,fresh mozzarella Tuscan..$17 fresh mozzarella SOUP & SALAD Clam Chowder..s10 new england style, bacon, cream, potatoes Chilled Gazpacho..$10 tomatoes, cucumber, bell pepper, garlic, red onion Caesar Salad..$14 croutons romaine, caesar dressing, pecorino, focaccia heirloom tomatoes, speck, capicola, mortadella, Red Grape Salad..$14 arugula, quinoa, english cucumber, red bell pepper, creamy red wine dressing Caprese Salad...$14 reduction SANDWICHES Veggie Wrap..$15 hummus, cucumber, heirloom cherry tomatoes, mixed greens, brussels sprouts, roasted honeynut squash, with Carolyn'sfries Crispy Cod Fish Tacos..$17 pico de gallo, cilantro crema, with Carolyn's) fries Spicy Nashville Chicken Wrap..$17 heirloom tomatoes, fresh mozzarella, fresh basil, extra virgin olive oil, aged balsamic SIDES Side Salad...$7 smoked cheddar, pickles, nashville hot sauce, with Pasta Salad...$7 Carolyn's Fries Sakonnet Burger..$20 bacon, lettuce, tomato, cheddar, garlic aioli, brioche, with Carolyn'sfries Brussels Sprouts..$7 Carolyn'sFries.s7 CHARCUTERIE Assorted Meats, Cheeses & Accoutrements..522 "CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS. Conyn-l APR 042 2023 RECEIVED Transcript tofemail dated1 1 April 2023 from Mike Rocha We are beginning our third week for the Senior Bus. The schedule is as follows: Mondays: Tuesdays: - Senior Lunch at Little Compton Community Center Little Compton Wellness Center Lees Supermarket WestportApothecary Wednesdays: Thursdays: S Senior Lunch at Little Compton Community Center Market Basket Walmart CVS- Tiverton Store Fridays: Little Compton Wellness Center Senior Lunch at Little Compton Community Center Rides are provided by the Town ofLittle Compton without charge. Schedules are subject to change from time to time. Request rides by the previous Friday. Additional specialty trips will be added in the future. Comm-a RECEIVED APR 0 4 2023. DRAFT Little Compton Town Council Resolution opposing Senate Bill S-0434 An Act Relating to Motor and Other Vehicles = Inspection ofMotor Vehicles WHEREAS, the Town ofLittle Compton is a rural community with no facilities within our borders that offer Light Duty or Heavy Duty Vehicle Inspections; and WHEREAS, the closest Light Duty and Heavy Duty Rhode Island inspection station to Little Compton is one-halfmile over the border in Massachusetts; and WHEREAS, many ofLittle Compton's residents rely on the convenience and reliability of acquiring an inspection sticker from a local and familiar automotive repair shop which happens to be over thel Massachusetts border; and WHEREAS, in addition, an important relationship between that shop and our public safety staffhas existed for many years, resulting in prompt and excellent NOWT THEREFORE, LET IT BEI RESOLVED that the Little Compton Town - Council opposes S0434, and its House counterpart, H5034, An Act Relating to Motor and Other Vehicles - Inspection of Motor Vehicles, implementation of which would strip our local automotive shop ofi its ability to inspect Rhode Island service to our public safety vehicles. vehicles. Consent I ARO 3 RECEIVED 2023 Town of] Little Compton Office oft the Council President Post Offiçe Box 226 Little Compton, Rhode Island 02837 31 March 2023 Rhode Island State. Council on the Arts 10 Capitol Hill Providence, RI 02908 Dear Project Grant Revièwers, This letter is written to express the Town Council's enthusiastic endorsement of the application by our Town's Community Center for a grant supporting the Center's annual Summer. Concert Series. The! free çoncèrts, provided in the Commons oft the Towh each week in August, are open to all, and are a summer highlight to townspeople and neighbors alike. We are priyileged, in a town ofour size, to have the investment of a dedicated group of citizens who help bring enjoyment to the community, Your support will be greatly appreciated. Sincèrely, AsZE Robert L, Mushen Town Çouncil President Heather Cook From: Sent: To: Consonta fnhaggertyOaol.com, Saturday, March25, 20238:47AM dcook@liverton.rigovjmagawPeastbay.edlagroup.com; narteyeastpaymediagroup.com; aguharepotsmouthni.com: Wyituma@portsmouthricom: dabboteportsmouthnicom: amitomepotsmouticom: atmamepotsmoumicom: kalyeportsmouthricom) yaneportsmouthricom ngepoxdenepumaicom: ymgpepoadmgpumations mamepoudmgpumions ranereportsmoutmicom: hitcheneportsmoutnigo, geames@portsmoutiricom: einse@portsmouthicom: Town Council; Carol Wordell; wrchmond@newpoti.com: damon@newporri.com; wolangegannet.com, sflymn@newportr.com; DoeMeceloelweronigoz mburk@tivertonrigov, pedward@livertontgow, janickOliverton-rigoy Fw: Mayflower /SouthCoast Wind Stalls To Summer: 2023 Cc: Subject: SouthCoast Wind Stalls To Summer Falmouth Enterprise Newspaper Cape Codl Massachusetts Mayflower wind changed its name to SouthCoast Wind 2/1/23 Rhode Island Energy Facility Siting Board Re; SB: 2202- 02 Mayflower Wind EFSB Newspaper article: SouthCoast Meets With Residents, Answers Questions By NOELLE ANNONEN Mar 23, 2023 "Ongoing studies of the project and negotiations of power purchase agreements are delaying progress on SouthCoast Wind's project, representatives said. They estimated SouthCoast Wind will not resubmit its project proposal to government authorities until itps/www.capenews.nel/amoutnnewssoulncoast-mets-wlrres.dents-answers- summer, rather than in the spring as prevouslantcpated questionslarticle 4td3ie026.58c9e2-PBAdAatclec.htm After several months ofs sparse communication, SouthCoast Wind) Energy) LLC representatives sat down with Falmouth Heights residents for thei first time since. June ofl last year. The conversation" was hosted within the regularly scheduled Several residents from Falmouth Heights pitched questions and comments to developer representatives throughout the meeting, according to energy committee member. Rosemary Carey. Community liaison coordinator. Kelsey) Perry: and SouthCoast' Wind Offshore Windl Project lead Samantha! Stanton, the latter attending over the phone, tried to: answer their "For ther most part. : it was collegial and constructive,") Falmouth) Heights-Maravistal Neighborhood Association president David) Buzanoski: said, ina aj phone call onl Monday, March 20. "It was uniquet tol have them answer questions directly. It was energy committee meeting) last Wednesday, March 15. questions, Ms. Carey said. actually quite good, thought." SouthCoast Wind plans toc construct a wind farm in federaly waters south ofMartha's Vineyard. It wants tol bringl halft the electricity--enought top power 800,0001 homes-ashore in Falmouth Heights. Ity willa also need and onshore converter station to changel highy voltage direct current tol highy voltage alternating current and connect tot the electricg grid. Select board member Douglas C.) Brown also: attended the meeting. Hes said itl helped with) his personal concerns regarding InI December, the select! board voted to deny SouthCoast' Wind's (then called Mayflower Wind) continued access tot town property for soil and engineering testingt that would have gathered more detailed data for the project, citingal lacko of transparency, engagement and communication with SouthCoast Wind, among other concerns, asi its reasons for denying SouthCoast's lack of communication and engagement with town officials. Thel board publicly maintains itl has not taken: and officials stance on SouthCoast's proposed project. Ms. Perry, the SouthCoast liaison, told Mr. Brown during ther meeting that she had previously only reached out tos select board members through thet town manager's officei in an effort tol ber respectful. Mr. Brown said thel board would prefer to "She seemed interested in developing communications," Mr. Browns said. "[The meeting] was much more direct than int the Mr. Brown: said SouthCoast Windi representatives answered questions oni issues ranging from zoning to SouthCoast's proposed cable route,t tot thel best oft their: ability. Hes saids some. Falmouth) Heights residents had technical questions or Mr.] Buzanoski oft ther neighborhood association: said SouthCoast has answered Falmouth! Heights residents' questions periodically over thel last three years, albeitl late, sometimes by weeks or months. But] he did not thinkt the meeting solicited bei informed directly and told) herl how best toc contact thel board members. past. Ity was a good, productive discussion." comments that representatives could not respond toi immediately. any newi information for the "reasonably well-informed"; neighbors. "They did respond to our questions," Mr. Buzanoskis said. "Not that wel liked the: answers." One ofther neighbors' concerns about the project is thet trees along SouthCoast Wind's preferred landfall site: at Worcester Avenue.' The cable route runs up the center of Worcester. Avenue, whichi is parkland. The corridor in which the cable duct willl bel laid willl be? 25f feet wide, Mr. Buzanoski and other abutters said. Thej project will disrupt thes small neighborhood, they: argued, and once construction has finished, not trees canl be planted over the concrete-encased cables. Worcester. Avenue'sl large grassy median hast trees lined on either side oft the green space, but few trees down the park's The company has said that the duct width numbers quoted! by neighbors are now outdated, ast the company hass switched from high voltage alternating current tol highy voltage direct current technology. The duct will now be only 101 feet wide, Ms. Perry wrote the Enterprise following the meeting. "We willl be: ablet tor miss most existing trees,"s she contended. "SouthCoast Wind will createar re-landscaping plani in collaboration with the Town, and smaller trees, plants and shrubs could be wide center strip. planted." 2 Af flagpole and multiplel benches will need tol ber moved; the company has pledged in writing to return them to their original Ms. Stanton, thej project lead engineer, addressed: some oft their concerns: about the converter station as well, Ms. Carey said. Thes station would bec constructed either off Gifford Street or Thomas) B.I Landersl Road, and: area residents saidi ity will run tool hot andj possibly leakl harmful chemicals. Ms. Stanton said fans, radiators and standard hardware willo cool the station. There will alsol beac containment system inj place to prevent chemical leaks, and the company will follow) EPA spill Ms. Stanton alsos said ther noise from the converter station willl be 24/7, but mitigating how muchi noise there willl bei isa' "key consideration". fori its design. Whilet thes state requires thats stations dor note emit) louder than 10 decibels, Falmouth's regulations are more: stringent, capping sound ats six decibels, att thej property lines ofa abutters. Inac question and: answer document posted ont thet town's website, SouthCoast writes thati it" has committed tos abidel by the more stringent Town of Energy committee chairwoman. Megan C. Amsler asked South Coast Wind toi invitet the committee on a field tript toa positions. containment standards, she said. Falmouth 6d dBA increasel limit asag goodi neighbor gesture." similar facility sot they can experience the noise themselves. Ongoing studies oft the project and negotiations of power purchase agreements are delaying progress on SouthCoast Wind's project, representatives said. They estimated! SouthCoast Wind will not resubmit its project proposal tos government authorities untils summer, rather than int thes spring as previously anticipated. "SouthCoast Windi isc caughti inr no-man's land," Mr. Buzanoskis said. Ms. Carey said the meeting was civil and well-attended. She said shel hopedt that residents from) Falmouthl Heights felt satisfied with the conversation and the: answers Ms. Perry and] Ms. Stanton were: ablet to provide. "Boths sides oft the Iproject] argument were sittingt together," Ms. Carey said. "II left the meeting with: a really goods sense of optimism about! how this will play out." TOWN OF BURRILLVILLE RECEhISAN3 Phone: 401-568-4300, ext:. 133 Fax: 401-568-0490 RII Relay 1-800-745-5555 (TTY) MAR 2 7:2023 Offiçe of' Town Clerk Email; owndletQhumilvllors WAPLDING Arvisyii RI RESOLUTION OF: THE TOWN OFI BURRILLVILLE OPPOSITIONTO RHODE: ISLAND.: 2023 GUN CONTROL LEGISLATION WHEREAS, thè Towr Council of thé Town of Burrillville pursuant to Rhode. Island statute and the Town of Byrrillville Charter, js vested with the authority of administering the. affairs of the Town of Burrillville, Rhode Island; and WHEREAS; the Second Amendment to the United States Constitution, ratified on December 15, 1791 as part of the Bill of Rights, protècts thé inalienablé and individual right oft théj people to Kéep and bear arms and WHEREAS, the United States Supreme Court in District of Columbia V. Heller, 554 U.S.570 (2008), àffirmed an: individual's right to. possess firearms, unconnected with sérvice in al militia, for traditionally lawful purposes, such.as's self-defense within the home; and WHEREAS; the United. States Supreme Court in McDongld V Chicago, 561 U.s. 742 (2010), affirmed that the rightofani individual to "keepo and beararms," "as protected under the Second Amendment, isi incorporated by the. Due Prôcess Clause: of the Fourtéenth Amendment and is applicable to the states; and WHEREAS; thè Unitéd States Supreme. Court in Unitéd. States V. Miller, 307 U.S, 174 (1939), opinèd that firearms that are part of ordinary military equipment; or with use that could. contribute tot the common: defense are protected by the Second Amendment;: and of thé people to kéep and béar arms shall not be infringed."and WHEREAS, Article 1 Section 22 of the Rhodel Island Constitution adopted in 1842, provides that "The right WHEREAS, Article 1 Section 6 of the Rhode Island Constitution provides that "The. right of the people to be secure in their persons; papers and possessions, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but on complaint in writing, upon probable cause, supported by odth or affirmation and describing as nearly as many, as may be, the place tol be searched and thé persons or things to be seized,"a and WHEREAS, as a matter of general principle, and in recognition of over 230: years: of lawmaking under the guidance bf the Constitution for thé United' States of Americà having properly éstablished numerous laws regarding criminal use of firearms that are wholly adequate when judiciously enforced such that additional laws are unneeded, any law which upon passage renders a life- long! law-abiding citizen at félont through no action oftheir own, is an unjustified law and should be unconstitutional under multiple amendments in the Bill of Rights; and 105 Harrisville Main Street, Harrisville, RI 02830 WHEREAS, it is the desire of the Town Council of the Towh of Burrillville to declare its support of the Second Amendment to the United States Constitution and to the provisions of the' Rhode Island Constitution which protect the citizens of the State of Rhode. Island's inaliènable and individual right to keep andl bear arms; and WHEREAS, the Burrillville Town Council mémbers each took an. Oath to support and defend thé United. States Constitution;: the Rhode Island Constitution, and the laws of the State of Rhode Island which are not deemed unconstitutional by a court of competent jurisdiction, and the Charter oft the Town of Burrillville; ànd WHEREAS, the Burrillville Town Council. members give great weight to. and adhere to the belief of James Madison,Jr., the fourth President of these great United Statés thati "Oppressors can tyrannjze only when they achieve a standing army, an enslaved press; and a disarmed populace"and who have committed crimes with firearms should bet fully prosecuted.: with existing laws on the WHEREAS, thé. Burrillyille Town Council desires to protect the rights of law abiding citizens, individuals books; and WHEREAS, many. ofthel bills being consideredl by the General Assembly would require the confiscationand storage of otherwise. lawfully owned firearms, and make: the Towns and Citiés'of Rhode. Island, rèsponsible for these costs; and WHEREAS, the Rhode Island General Assembly, in its 2023 lègislative sèssion has pending before it numerous bills regulating and restriçting thé. rights afforded: the citizens oft the State of Rhode Island: through the Second. Amendment to the United: States' Constitution and the Constitution House Bill 5300 and! Senate. Bill 0379,the Rhode Island Assault Weapons Ban Actof2023, would prohibit the possession of" "assault wèapons," definéd as any: shotgun that holds more than six (6)rounds or a rifle that holds more than 10 rounds. In order to be exempt, the weapon must, within twelve (12) months of the bill's passage, be registered, be rendered. inoperable, be surrendered to a registeréd firearm dealér or police department or bé transfèrred: to a person in another. jurisdiction where such firearm's are allowed. It would also require any heirs of a decèdént to surrender or transfer the firearm. If registered, thé lawful Qwner would be House Bill 5893 and Sénate Bill 0645; notwithstanding thè purchaser's background, check and eight day waiting. period, this act would prohibit the purchasé of more than one firearm in a 30-day period. This act not only penalizes law abiding citizens from exercising their Constitutional right for owning a firearm, but it also. damages federally licensed firearms dealers, whg are Rhodé Island business owners, The act would artificially restrict their sales House Bill 5434 and Senate Bill 0321, which would réquire all firearms within a home to be kept ina al locked container or equipped with at tamperresistant. or méchanical lock, and creates House Bill 5892 and: Senate Bill 0325, which would require trigger guards be issued for rifles and shotguns at time; of purchase, further increasing the cost of doing business for federally oft thé Statei of Rhode Island, including, but not limited to: required to submit fingerprints and pay à feei for régistering the firearm; and livelihood; à nèw félony for noncompliance; licensed firearm dealers; NOW, THEREFORE; BE IT RESOLVED that the Town Council of the Town of Burrillville on April 24, 2019, declared itself a Second. Amendment Sanctuàry Town, now reaffirms thât declaration, and: hereby takés the following position on state legislation thàt potentially abridges our Second Amendment rights: We find and declare that thése gun restriction bills; if enacted by the Rhode Island General Assembly, infringe upon the rights of the. Péople oft thé Town of Burrillville and the People oft the Staté of Rhode Island to Kéep and bear arms, Wé àre collectively opposed to. the infringement of these rights established by our Founding Fathers. BE IT FURTHER REOLVED thât: we urge the General Assembly to repeal 2022 Housé Bill 6614 and Senate Bill 2653 which criminalized préviously lawful owhership. by making jt a felony, without merit, for an individual to possess any semi-automatic firearm magazine capable of holding more than ten (10) rounds of ammunition. This law has created hardship, uncertainty, and fear àmongst law-abiding gun owners, while arguably doing nothing in the past year to. reduce gun-related criminal. activity in Rhode Island. BE IT FURTHER REOLVED that we urge the Genèral Assémbly to repeal Rhode Island General Law $11-47-60 BEI ITFURTHER RESOLVED thât thèsé billsi impose unfunded mandates uponl localg governments,: and the Towni Council of the. Town of Burrillville. will not appropriate funds for capital construction of building space and/or the purchase of storage systems to store weapons seized, pursuant to any requirements set forth in the legislation if enactéd by: thè General Assémbly: for the purpose of enforcing any Jaw; that unconstitutionaly infringes upon the rights of the People oft the Town of Burrillville to keep and bear arms. BEJ IT FURTHER RESOLVED that a. çopy ofthis Résolution be forwarded to eyery Rhode Island Municipality, State Senators; State Representatives, the Governor and the Lt. Governor respectfully requesting their Possession of firearms on; school grounds. support. Passed as a resolution of thel Burrillville Town Council this 22nd day of March, 2023. E Donald. A. Fox, President Burrillville Town Council SARRI E6 09 ATTEST:, Nict 9Mail ST AL Vicki Martin, Town Clerk 3006 PE aHOsE Conent-y 23R34 City of Woonsocket Rhode Island RECEIVED APR 0 4 2023 DONSO AME Apri13",A.D.2023 Resolution RESOLUTION IN SUPPORT OF HOUSE BILL5160 & SENATE BILL 0175, REGARDINGFAYDAYI LENDING REFORM WHEREAS, the City of Woonsocket has establishments that offer pay day lending options that WHEREAS, these programs target low-income people who are being charged up to as much as WHEREAS, the system is designed to keep low-income people and families inj poverty to include pay day advances or deferred deposit loans; and 260% oni money that is advanced; and continue to borrow or advançe money leading to greater profits. There are only about 2% ofa all borrowers that take an advance, pay it off, and do not borrow again for one year; and WHEREAS, studies show that payday lending fees cost Rhode Islanders nearly 7.5 million dollars every year which is money that could be used toj pay for housing, supplies, utilities, food, gas, and other basic needs; and WHEREAS, payday lending reform has already passed in nearby states including Connecticut, Massachusetts, Vermont, and New Hampshire which have all adopted laws to protect their citizens from predatory lending with rate caps; and WHEREAS, the Woonsocket City Council hereby supports these reform bills which has not had a floor vote in 13 years and would be in the best interest oft the people of Woonsocket and the State ofl Rhode Island. NOW THEREFORE, BE ITI RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOONSOCKET, RHODE ISLAND AS. FOLLOWS: Section 1. We respectfully request that the Woonsocket delegation to the General Assembly vote in support to the referenced bills and that, ifthis bill is passed and transmitted to the Honorable Governor for his approval, that he sign this bill, as it is supported by the City of Woonsocket and is in the best interest of the citizens of Woonsocket and Rhode Island. Section 2. That the City Clerk is hereby directed to forward a copy oft this resolution to all Representatives and Senators representing the City of Woonsocket; the Honorable K.Joseph Shekarchi, Speaker oft the Rhode Island House of] Representatives; the Honorable Dominick J. Ruggerio, the President ofthe Rhode Island Senate; and the Honorable Governor Daniel McKee. Section 3. This resolution shall take effect upon passage. Mancieri City Council somih City Council Eipbpa Cily Council ALL Valerie Council Vicel Mals David M. Soucy City Council pHaF Clatk a. Lulay Christopher A. Beauchamp Council President ENg Council City IN CITY COUNCIL April 3, 2023 - Read by title and passed unanimously. RHODEI ISLAND COALITION b PAYDAY REFORM Support a Reasonable 36% Rate Cap Help Families Avoid Payday Abuses Payday lenders in] Rhode. Island are currently allowed to charge interest rates as high as 260%. APR on toxic, quick loans proven to Since 2001, paydaylenders' have enjoyed a special carve-out: from thes state's usuryl laws that enables them to makej payday loans as Nowi it's time for Rhode Island to end its experiment with triple-digit interest rates. Pending billsi ini thel Rhodel Island allow families to find: financial securitywithout: 260% rates. Payday loans do more harm than good for Rhode Island typically due within 14 days. Though payday loans arei marketed as a simple, quick fix for Rhode Island families, more often than not they leadi to a 260% cycle of debt and worse economic problems. Nationwide, the average] payday borrower is stuck in 91 payday transactions aj year. Over 60 percent of payday loan business is generated byl borrowers with 12 or more loans annually and payday borrowers are twice morel likelyt to: filei forbankruptcy or default on a credit card than comparable: non-borrowers. Thej payday business model relies on repeated borrowers Thej payday industry depends on churning borrowers payday after payday. Only: 2 percent of payday loans go to borrowers that take out aj payday loan, payi itoff, and don't come back for aj year. The core ofindustry revenue comes from borrowers trapped int their faulty The CEO of Cash. America, one oft the largest paydayl lenders ini the country, openly admits that "thei theoryi in the [paydàyl lending] business! is you've got to get that customer: in, work toi turn him intoa repetitive customer, long-term customer, because that's really where Quick Facts Paydayl lendersd depend uponl long- term use - over 60 percent of paydayl loan businessi is generated by borrowers with12 ormorcloans: a, year. Demand is a fraction of whatl lenders claim 3outof41 payday loans are theresult of churning, inw which payday loan to repay theonet that's Payday borrowersare twice as applicants whose request forap payday loan was deniedbythel lender. Atat two-to-one ratio, former payday borrowers in North Carolmareported that they were betteroffnow that triple-digit paylaylendingwas trapl borrowers inl long-term debt. licensed check cashers at: 260% rates. legislature willi implement al reasonable 36% rate on payday loans and borrowers take out an additional comedue. Payday loans are: small loans solely secured by al borrower's check and likely to filei forbankruptcys gone. Lending practicesthat, otondvorunotnale cplotonesdeperale crcumstances are unjust. The Rhode Island Catholic Conference supports a legislativeremedy that responsibly regulatessuch practices SO that families inneed are provided access to loans with product. thej profitability is." State data confirms that theoryl by showing that3 reasonable: interest rates. > out of 41 payday loans aret the result of churning responsible borrowers --Rhodel Island Catholic Conference paycheck after paycheck. Al Broad Coalition Supports a 36% Rate Cap Over 40 organizations that include. Rhode Island. AARP, AFL-CIO, Rhodel Island Catholic Conference, and the) Rhode Island Council of Churches are asking] legislators to approve ai ratel limit of 36% on payday loans --thes same standard that applies to military families. Seventeen states, the District of Columbia, and Congress have already implemented interest rate caps for paydayl loans at or around 36%. Collectively, these states savet their citizens nearly $2 billion per year that would havel been otherwise paid to] predatory payday fees. Rhode Island is currentlythe only statei int thel New England that A Rate Cap Will Level the Play Field, Allow Fair Options An annual interest rate ceiling of $36 per $1001 borrowed will not ban small loansi in] Rhode. Island; it will simply reform a defective product. As itl has been reported byl borrowers in other states, al range of affordable options will remain. Payday funded studies have found that 94% of] payday customers have somewhere elsei to go tol borrow. In North Carolina, as state that ended its experiment with triple-digit paydayl lending, the Commissioner of Banks found that low- and middle-income families int the state had not been negativelyimpacted after thej paydayl lending carve-out] had: finally ended; in fact, many A Reasonable 36% Rate Cap Is the Only Solution Despite the rhetoricl byt thej paydayl lenders, meaningless protections like roller-overbans, cool-off periods, and extended payment plans do nothing to stop thel harms and flaws of paydayl loans. In fact, Department of] Defense noted that "provisions like databases, cooling off periods, attempts to stop rollovers and back-to-back transactions : do not stop the debtt trap." Inl light. oft this assessment, Congress enaçted rules similar tot the 36%1 rate cap thel Rhode Island The Cost of Payday Lending in Rhode Island Now APR Matters APRi ist theonly way consumers.can comparet thecost of credit.Itallows uleteo,pacomputnsma protects freei musetompalbsa.Xonsowr. a payday loani isT rarclyjustatoveck Cost ofBorrowing $300 Over 30 Days loan. allows such high rates onj paydayl loans. $80 $60 340 $20 S0 560 $750 Buliprima Pysny Craditcard Loan 130%APR (360VAPR were: not awarej paydayl lenders had left. "When itc comes toj payday lending in Georgia, there isnog gray ared. Itis unquestionably illegal in anyform. Wewill not stand for unscrupulous, out-of-state lenders taking duanlageo/Georgid consumers byskirting ourlaws." Legislaturei is currently considering. LoanA Amoint $100 $200 $300 $100 $435 $450 h-SloreP Payday $10.00 $20.00 $30.00 $40.00 $43.50 $45.00 LoanFee 260.71% 260.71% 260.71% 280.76% 260.71% 260.70% GeorglaAtrorney General Samuel asamusonctsntatas anstonlinepavdaylemiers in his state. Georgia does not allow taple-dgtpaydaylending APR* *Takeni from htm/PwwadvanceacricanctAp-oorseoan/tes/N. Assumes: ai 14-dayt term. Payday Lending in Rhode Island TES O Report of the Rhode Island Advisory Committee to the U.S. Commission on Civil Rights October 2018 Advisory Committees to the U.S. Commission on Civil Rights By law, the U.S. Commission on Civil Rights has established an advisory committee in each of the 50 states and the District of Columbia. The committees are composed of state citizens who serve without compensation. The committees advise the Commission of civil rights issues in their states that are within the Commission's jurisdiction. More specifically, they are authorized to advise the Commission in writing of any knowledge or information they have of any allegèd deprivation of voting rights and alleged discrimination based on race, color, religion, sex, age, disability, national origin, or in the administration ofjustice; advise the Commission on matters of their state's concern in the preparation of Commission reports to the President and the Congress; reçeive reports, suggestions, and recommendations from individuals, public officials, and representatives of public and private organizations to. committee inquiries; forward advice and recommendations to the Commission, as requested; and observe any open hearing or conference conducted' by the Commission in their states. Lettei ofTransmittal Rhode Island Advisory Committee to the U.S. Commission on Civil Rights Members oft the Commission Catherine E. Lhamon, Chairperson Debo P, Adegbile Gail Heriot Peter N. Kirsanow David Kladney Karen K. Narasaki Michael Yaki Patricia l'immons-Goodson, Vice Chair Mauro Morales, StaffDirector The Rhode Island Advisory Committee, as part ofi its responsibility to advise thé Commission on çivil rights issues within the staté, submits this report, "Payday Lending in Rhode Island." The report was adopted by the Advisory Committee by unanimous vote on October 16, 2018. Sincérely, Jennifer Steinfeld, Chairperson Rhode Island Advisory Çommittee Pageli Rhode Island Advisory Committee Jènnifer F. Steinfeld, Chair Providence Margaux Morisseau Scituate Alero E. Akporiaye, Vice-Chair Adelita S. Orefice Providence Gary S. Sasse East Greenwich Elena Shih Providence Andrew S. Tugan East Greenwich William K. Wray East Greenwich Rumford Donnie C.Anderson North Kingstown Farid Ansari Johnston Langdon D. Clough West Warwick Ernest A. Greco Providence Acknowledgments The Rhode Island Advisory Committee thanks all of the participants in the April 2018 briefing for sharing their expertise. Barbara de La Viez, the designated federal official assigned to the Rhode Island Advisory Committee, provided guidance and support for the project and report. In addition, the Committee greatly appreciates the superlative contributions ofintern Nicole Carroll. Pagelii Table of Contents I. Introduction. II. Legal Context. Federal Law. 2 2 Current Rhode Island Law Proposed Rhode Island Legislation. 5 5 III. Background. Prevalence of] Payday Loans Nationally Prevalence of] Payday Loans in Rhode. Island. 7 8 11 12 12 The Debt Trap = Payday Loans May Trap Borrowers in a Cycle ofDebt.. Payday Lenders Disproportionately Target People ofColor.. IV. Summary of Briefing VI. Findings and Recommendations. I. Introduction Inl Rhode Island, and across the country, payday lenders are most often concentrated inj poor comimunities -1 predominantlyi inj poor communities of color. According to al Pew Charitable Trusts report onj payday lending in America, African. Americans are 1051 times more. likely to take out aj payday loan than other races or ethnicities.'7 The data and consistency ofl business locations ini these poor communities suggest that lendérs target these financially vulnerable Payday loans, also known as paycheck or cash advances, are small, short term loans meant tol be used to cover expenses until thel borrower's next payday and come with muchl higherinterest rates than normal loans, Inl Rhode Island, payday loan companies were granted a special residents. exemption from state laws to allow for thel high interest rates. Rhode. Island, contrary to other New England states, permits payday loans, allowing lenders to charge as much as 260 percent interest. Connecticut, New Hampshire, and Vermont havei made payday lending entirelyi illegal and Maine and Massachusetts strictly regulate it. Payday lending is also illegal in 15 states and strictlyregulated in seven others. Recognizing thel harm ofp payday lending to military families, thel Federal Government outlawed the practice for members ofthe In October 2017, the Consumer Financial Protection. Bureau announced. ai new: rule designed to curb predatory payday loans. This rule was issued after five years of field hearings, town hall meetings, research réports and over one: million public comments. The rule required lenders to "reasonably determine that the consumer has the ability to repay thel loan."2 Therule, which was set to go into effect on January 16, 2018, has been indefinitely suspended byt the Consumer On April 27,2018, the Rhode. Island Advisory Committee to the U,S. Commission on Civil Rights (SAC) convened aj public briefing at the Capital Building inl Providence tol hear testimony regarding civil rights concerns related toj payday loans. The Committee held thel briefing to 'Thel Pew Charitable Trusts, "Payday] Lending in America: Whol Borrows, Where They Borrow, atid Why,"Pew MphpeMausa-lmal-pumaaDppps-aa 2821 Fed. Reg. 54,871 (Nov. 17, 2017) (tol be codified at 12 C.F.R. pt. 1041). Thei rule, whichy was widely supported by consumer andj public-interest, groups, requires lenders to: verifyi income and checke expenses tos seei ifborrower can repay) loan! by due date; limits overdrafts by limitingl lenders with access to customer bank accounts from attempting withdrawals toi reduce fees for insufficient funds; ànds sets caps oft three loansi in quick succession, requiring ai mandatory cooling-offp period of30 days! before another loani is allowed, Thet rule also allows thats short- term loans, under $500, exempt thel lender from the abilityt to repay rulei ifit offers tos stretch repaymént over three U.S. military and their families. Financial Protection Bureau. Research Center, Washington, D.C. (July, 2012), Pewl Report). installments. 1 examine whether there are disparities inj payday lending practices and hear from elected officials, In July 2018, subsequent to the Committee'sl briefing, Governor Gina Raimondo declared that "reinfingl inj predatory payday lending" would part ofher second-term goal ofprotecting working families.'Her: stated plani involves reducing the APRI limits on payday loans tol bring Rhode Island'sp payday loan policies more in line with those ofits regional neighbors.* religious figures, advocates, and experts in thei field. II. Legal Context Federal Law While payday lending is generally regulated at the state level, there are some: important federal The' Truth in Lending Act requires creditors make certain disclosures to ensure that consumers can make informed credit decisions.'The' Truth in Lending Acti is implemented through what is known as Regulation Z; which requires creditors disclosei to consumers interest as an annual percentagei rate ("APR")ofevery potential loan.Commentary onl Regulation Z, adopted in 2000, identifies payday lénders as çreditors subject to these disclosure requirements." In-2006, following al Department ofDefense ("DOD") report on the experiences ofmilitary personnel with predatory lending, Congress passed the Military Lending Act.?1 It covers loans to actiye-duty mémbers ofthé aried forces and their dependents - veterans àrei not çovered under the] lawl0- and limits the maximum interést rate to 36j percent APR, or Militaty Annual Perçentage Rate." DOD's report recommended the 36j percent capl because: it found that Pplamylmdingumiemin: military readiness" and that military fàmilies were targeted by payday loar companiés. 121 In 2015,] DOD amended its implementingr regulations to eliminate Prèss) Release, Govèrror Gina Raimondo, Raimondo. Announçes Protections for Working Families (July30,2018), 4Governor Gina Raimorido, Protecting Opportunity for Working Familiès: Second-Term! Policyl Proposal (July 291.hmpeleinmimonhohpamsuphaa2isuNaiaplailamilite-PaieyBietlpat: actions impacting the practicei in] Rhode Island. mps/gmamimondo.compatapoctois-ons-orwourang-famliew. $15U.S.C. $8 1601,1603-1604, 1631-1635,1637a). 6120 C.F.R. 8S 1026,17, 1026.18, 1026.22. 71d. (Supp. I, cmt. 2(a)(14)-2); 651 Féd. Reg. 17,129 (Mar, 31,2000). 8U.S. Department ofDefense, Report On Predatory. Lending Practices Directed at Members oft the Armed Forces and Their Dependents (August 9, 200,mahivadhamsgewpiepAPHL.weipaf@ertane: DOD Repor!). 910U.S.C.S987. 101 Id.$987(0(1). "I4.987(b). 12 DODI Report, at) pp. 9-12. 2 coverage limitations relating tol loan term and size, SO currently the 36j percent Military Annual The Consumer. Financial Protection Bureau (the "Bureau"), after researching thei issue for five years and reviewing over 1.41 million comments, initiated rulemaking on the subject ofpayday loans in June 2016. It issued a final rulei in November 20171 regarding "Payday, Vehicle' Title, and Certain High-Cost Installment Loans," (the "Payday Rule"). 14 The final rule applies tol loans that must bei repaid within forty-five days of consummation and any loans with an interest rate above 36 percent APR.15Itr requires that lenders reasonably determine whether al borrower has thé ability to repay a loan before lending thel borrower money; failing to do SO constitutes an unfair and abusive practice, subject to Bureau action under thel Dodd-Frank. Act.16 The Bureau observed that "various submissions across thel broad spectrum ofs stakeholders, including both industry participants and consumer groups, consistently: reinforced thej point that thesel loans disproportionately. go toi minority borrowers." 17 It also found that mâny-borrowers do notl have the ability to repay aj payday loan, and are forced to choose between three options once the loan becomes due: borrow: morei money, default on thel loan, ori fail toi meet basic living expenses. 18 Thej payday lending business model is thus "dependent upon al large volume ofre- Thei regulation went into effect on January.16, 2018, but most provisions do1 not require compliance until August 19, 2019.20 On January 16, 2018, thel Bureau'si new acting director issued a statement: indicating that thel Bureau would initiate ai rulemaking process to reconsider the rule.21 Though it has not yet released any formal information about thei reconsideration process, the Bureau reiterated this intention ini its June 2018 Semiannual Regulatory Agenda,2 andi in recent litigation filings. In April 2018, two trade associations, Community Financial Services. Association of America and Consumer Service. Alliance ofTexas, filed a complaint against thel Bureau, alleging, among many other reasons, that the final rule proposed is "unlawful because thel Bureau misconstrues the statutory terms 'unfair' and 'abusive' and1 because, in any 14] Payday, Vehicle' Title, and Certain) High-Cost Installment Loans, 82) Fed. Reg. 54,72,54,03,54514 (Nov. 17, 16 Id. at 54,874; 121 U.S.C. 85 5531; Thel Dodd-Frank' Wall Street Reform and Consumer Protection Act was signed into United States federal lawl byU.S. President Barack Obama on. July21,2010.. Seel Pub.I L. 111-203, H.R.:4173. Percentage! Rate applies to all loans for covered members. 13 borrowing."i9 13 80 Fed. Reg. 43,607 (July22,2015) (codified at 32C.F.R. $2 232.3(). 2017) (tol be codified at 12C.F.R. pt. 1041). 15 Id. at 54,873. 17 82 Fed. Reg. at: 54,557. 18 Id. at 54,472. 19 Id. at 54,484. 20 Id. at 54,472. 21 Press] Release, Consumer Financial Protectionl Bureat, CFPB Statement on Payday Rule, (Jan. 16,2018), puhwwamsumastaasoaswNNpbatatemapylynis. 228 831 Fed.) Reg. 27,235 (June 11,2018). 3 event, the Bureau lacks substantial evidence fori its conclusions that payday and other covered loans are unfair and abusive. in23 In. June 2018, the U.S. District Court for the Western District of Texas granted a stay oft the litigation during the agency review process, but denied thej parties' Joint Motion for Stay of Agency Action Pending Review.24 In ai response: filed in support of plaintiffs' motion for reconsideration ofthis order, the Bureau declared its intention to reinitiate rulemaking by February 2019.25 It also conceded that plaintiffs had presented asubstantial case on the merits for their "claims that the rulemaking record did not provide substantial evidence for several findings. ..1 to that extent, the Rule is therefore arbitrary and capricious."26 Current. Rhode. Island. Law In 2001, the Rhode Island legislature expanded its check cashing statute to allow for payday Iending or "deferred deposit transactions. 27 Thel law defines a deferred deposit transaction as onei in which a cash adyance isi made to a customer in exchange for either aj post-dated check or authorization to withdraw the amount directly from the customer's bank account on the àgreed- upon daté.? 28 Currently, the statute permits payday lenders to lend amounts up to $500 with the principal and ai maximum of10 percent interest duè nol less than thirteen days later.? 29 Although genérally the loans are due within fourteen days atal 10j percent interest rate; Rhode Island law requires that interest rate disçlosures by payday lenders be expressed as both a dollar amount and an. APR.3 30 This refleçts federal requirements undér the' Truth: in Lending Act.1 A fourteen-day loàn at 10j percent intèrest translatès to a 260.71 percent. APR.3 32 This 260j percent APR reflécts thei maximum rate that payday lendérs can charge in Rhode Island. 23 Complaint at 4, Cmty. Fin. Serv. Ass' 'n ofAm., Lid. V. Consumer Fin. Prot, Bureail, No. 1-18-Cv.00295-LY (W.D. 24 Order, at 1-2, Cmly. Fin Serv. Ass'no ofAm., Ltd. V. Consumer Fin. Prot. Bureau, No. 1-18-cv-00295-LY (W,D. 25 Responsei in Support ofPlaintiffs' Motion forl Reconsideration' at 3-4, Cmty. Fin. Serv. Ass'no ofAm, Lid. V. Consumer Fin. Prot.. Bureau; No. 1-18-cv-00295-LY (W.D. Tex. June 22, 2018), ECF1 No. 34. 27 ActofJuly 13,2001, ch. 37,$914,2001RLP. Laws 371 (codified as amended. at 19R.I. Gen. Laws SS 19- 29 Id. $8 19-14.4-4(4), 19-14.4-5.1(a), (d). The original law provided forz ai maximum loan amount of$300 anda fixed term of fourteen days, but these terms were amendedi in 2005t to) reflect the current law. Act ofJuly9,2005, ch. 230, $1,2005 R.I.Pub, Laws 230; Aot ofJuly9, 2005, ch. 235,61 1,2005) R.I.I Pub. Laws 235." Thes same 2005 legislation allowed for up to 15 percênt interest on deferred deposit fransactions, but thej provision was changed back to 10 percent interest in 2010, Id.; Act] Relating tol Finançial Institutions, ch. 204,91(2010)R.LE Pub. Laws 204. Tex. Apr.9,2018). Tex. June 12, 2018), ECFNo. 29, 26 Id. at 10-11. 14-5-14.-10,1444,-144-5,1445.), 28 19R.I.Gen. Laws $ 19-14-1(4). 30 191 R.I. GEN. LAWS SS 19-14.4-54,-s.10). 31 15U.S.C. $ 1601 et seq.; 12 C.F.R. $1 10266 ets seg. 32( 0614/1Opemem-280.71 pérçent APR. 4 Ifab borrower cannot afford the full payment on the due date, they may choose to "rollover" the loan, deferring thej payment another term and paying just the fee ont thei initial due date.33 The Rhode Island statute only allows borrowers to rollover al loan once, but it does not prohibit payday lenders from initiating ai new. loan on the same day to cover the cost ofthej previous loan.34 Thes statute also limits the number ofo outstanding checks as single paydayl lender canl hold The above provisions exempt paydayl lenders from Rhode Island's small loan lender laws, which would otherwisel be applicable. Rhodel Island prohibits its small loan lenders from charging over 3j percent monthly interest for loans under $300, over 2.5j percent monthly interest for loans between $300 and $800, and over 2 percent monthlyinterest: for loans between $800 and $5,000.6 These rates are equivalent to 241 to 36j percent APR, depending on thel loan amount.37 These small loans are for ai maximum repayment terms oftwenty-five: months for loans $1,000 and less and sixty months for loans between $1,000 and $5,000.38 They also require repayment via evenly-spaced installments in equal amounts. 39 While thej payday loan laws prohibit those lenders from requiring collateral, there: is no similar prohibition for small loan lenders. for the same customer; the maximum ist three checks.35 Proposed. Rhode. Island. Legislation Legislation introduced in the General Assemblyi in 2018 seeks to remove the special provisions for paydayl lenders and bring them back under the jurisdiction oft the small loan lender laws.* 40 This proposed legislation would repeal the sections oft the check cashing statute that applyonly to deferred deposit transactions. Payday lenders would then be subject to the small loan lender laws that cap interest at 36j percent. APR. Although the explanation' by the legislative council states that the act "would repeal provisions oft the general laws allowing deferred deposit providers, also known as 'payday lenders, "" therevision does not prohibit citizens from being able to access small dollar loans through more regulated providers.* 41 33 19R.I.GEN. LAWS 88 19-14.4-5.1(c).. See also generally 821 Fed. Reg, 54,478 (Nov. 17,2017) (discussing what a "rollover"1 is int terms ofpayday loans). 34 14.19-144-5.10g). 35 Id. $1 19-14.4-5.1(). 36 Id.s $1 19-14.2-8. 39 Id. 41 Id. 37 12*2 percent-241 percent APR, 12*3 percent-361 percent. APR. 38 19R.I. Gen. Laws 81 19-14.2-11. 40H.R. 7557, 2018 Gen. Assemb., Jan. Sess. RL.2013,S.2172,20184 Gen. Assemb., Jan. Sess. (R.I.2018). 5 III. Background Payday loans are generally short-term, highi interest rate loans that arei meant toi tide over thé borrower until his orl her next "payday."To qualify for aj payday loan, a consumer need only have al bank account, a goverment-issued: ID, and a form ofincome, which can include wages or government benefits such as Social Security, disability, or unemployment benefits.2The borrower then either writes aj postdàted check for the full loan amount plus interest or authorizes the lender to debit the money directly from their bank account. 43 When the lpan is due, the borrower rolls over thel loan, returns tot the store toj pay in cash, or thei money is taken out oft their bank account through thej payday lenders cashing the check or debiting the account directly.* Prevalènce of Payday: Loans Nationally Payday lending is authorized by statute in thirty-seven states4s, though many oft these have enacted recent restrictions limiting paydayl lending. In eleven states payday loans are subject to gerieral consumer loan and usuryl laws, whilei in the remaining states and the District ofColumbia payday lendingi is. prohibited altogether." 46 In 15 states and the District of Columbia, prohibitions onj payday loans or rate caps restrict small amount loans to a rate of 36 percent. APR or less in 421 Diane Staridaert, Director of Statel Policy, Center for Responsible) Lending, Written Statement fort the Rhode Island Advisory Committee to thel United States Commission on Civil Rights, Apr. 27,2018, at5[ [hereinqfierc cited as Standaert Statément); Consumer Fin. Prot. Bureàu, Payday Loans and Deposif Advance Findings: A White Paper ofInitia! Data Findings (2013), htps/Fles.consumerfmaneegew/20300.dpo.pwydaydap-whitepaperpd; (héreinafter Thé Consumer. Finance White Paper). 43 Standaert Statement, at4. 44 Consumer Finance. White Paper; at 9; Standaert Statement, at4 4. 45 Ala.Code $ 5-18A-1 (1975); Alaska Stat. $ 06.50.010 (2018); Cal. Civil Code $ 1789.30 (2008); Colo. Stat. $ 5- 3.1-103 (2010); 5Del. Code $9 978 (2002); Fla. Stat. $ 560.404 (2009); Haw. Rev: Stat. $480F-2 (2001); Idaho Code S 28-46-402 (2013); 8151 III. Comp. Stat. 122/1-5; Ind. Code $ 24-4.5-7-102 (2018); Iowa Code 8 533D.3 (2013); Kan. Stat. $ 16a-2-404 (2005); Ky. Rev. Stat. $ 286.9-010 (2010); La. Stat. 8 3578.2 (2000); Me. Rev. Stat. Ann. 9-A $1 1-201 (2006); Mich. Comp. Laws $ 487,2122 (2016); Minn. Stat. $47.60 (2010); Miss. Code $ 75-67- 503 (2013); Mo. Stat. $ 408.500 (2015); Mont. Code $ 31-1-702 (2007);Neb. Stat. $ 45-901 (2018); Nev. Rev, Stat, S 604A.010 (2007); N.D. Cent. Code $ 13-08-01 (2005); N.H. Rev. Stat.'S 399-A:17 (2018); Ohio] Rév. Codes 1321.35 (2018); Okla. Stat. 59 $3102 (2004); OR. Rev. Stat. 54 $7 725A.010 (2010); R.I. Gen. Laws $ 19-14.1-1 (2018); S.C. Code $ 34-39-120 (1998); S.D. Codified Laws $ 54-4-36 (2018); Tenn. Code $4 45-17-102 (2011);Tex. Fin. Code 8: 341.001 (2001); Utah Code $ 7-23-102 (2017); VA. Code $ 6.2-1800: (2010); Wash, Rev. Codes $ 46 Ariz: Rev. Stat. $ 6-601 (2014); Ark. Code 23-52-101 (repealed 2011); Conn. Gen. Stat. $ 36a-563 (2016);D.C. Code $ 28-3301 (2011), $26-319 (2007); Ga. Code 8 16-17-1 (2005); Md. Code, Com. Law $ 12-101 (2019); Mass. Gen. Laws 140 $96 (2000); N.J. Stat. $ 17:1-24 (repealed: 2014); N.M. Stat. $5 58-15-32 (repealed 2018);N.C. Gen. Stat. $ 53-281 (statute authorizing payday loans expired in 2001);N.Y.1 Banking Law $340 (I990); 631 Pa. Stat. $ 31.45.010 (2012); Wis, Stat. $ 138.14 (2013); Wyo. Stat. $ 40-14-363 (2014). 2325 (1998); Vt. Stat. 8$2519 (2001); W. Va. Code 8 46A-4-101 (1996). 6 interest.*71 Ini recent years the trend has been towards additional state regulation ofpayday Rhode Island is currently the only New England state that allows payday lending with rates loans. 48 above 36 percent. APR.49 Prevalence ofPayday Loans in Rhode. Island There aret twenty-eight payday loan stores inl Rhode Island, twénty-six ofwhich arel branches of two national chains, Advance. America and Check N Go.50 These two chains account for 95 percent of all payday loans made ini the states! and have stores located in the following cities: Cranston (1), East Providence (1), Johnston (2), Middletown (2), North Kingstown (1), North Providence (1), Pawtucket (3), Providence (3), Warren (1), Warwick (5), West Warwick (2), Westerly.(1), and Woonsocket (3).2 Both ofthese main providers offer loans up to $450, with thei maximum allowed interest rate of10j percent oft the principal amount over two weeks, or 260.71 percent. APR.53 This rate iss significantly higher than thel highest credit card interest rates.54 47 Ark. Const.. Amend. 89,$3; Ariz. Rev. Stat. $ 6-601 (2014); Conn. Gen. Stat. $3 36a-563 (2016); D.C. Code $ 28- 3301 (2011); Ga. Code $ 16-17-1 (2005); Md. Code, Com. Law $ 12-101 (2019); Mass. Gen. Laws 140896(2000); Mont. Code $31-1-702 (2007); N.H. Rev. Stat. $ 399-A:17 (2018);N.J. Stat. Ann. 2C:21-19, 17:11C-36(a) (criminal law sets thet usury cap at 30%); N.Y. Penal Code 190.40 (criminal law sets thet usury cap at25%); N.C. Gen. Stat. 8 53-173 (2013); Ohiol Rev. Code 8 1321.35 (2018);7Pa. Stat. $ 6203 (1996); Vt. Stat. Ann. Tit.9g4la 48 821 Fed. Reg. 54,484-86 (Nov. 17,2017). See infrat for ar more in-depth discussion ofpayday regulation in other 49] Maine has a: 30 percent APR cap. Me. Rev. Stat. tit.9-A $2-401. New Hampshire has a 361 percent. APR cap. N.H. Rev. Stat. $: 399-A:17. And Connecticut,. Massachusetts, and' Vermont dos not allow for paydayl lending outside of regular consumer loan regulation. Conn. Gen, Stat. $36a-563; Mass. Gen. Laws 140$96; Vt. Stat. Ann. Tit.98 (1995); W. Va. Code 8 46A-4-101 (1996). states. 4la. 50 Standaert Statement, at4. 51 Standaert Statement, at4. 52 Store Locations, Advance. América, ps/wwvadamcamerieanaustvre-oations (last visited. July2,2018) (enter' "Rhodel Island" or specific Rhodel Island cityi into search field titled" "Enter: zip. code or city, state"); Store Directory, Check 'N Go, asadap-wwA (last visited July2 2,2018). plamsamsas.heylan (last visited. July2,2018) (enter "Rhode Island" into search field titled" "Enter zip code or city, state"); Rhode Island Minimum Qualifiçations. andl Requirements dnd" Finance Charge Schedule, CHECK N Go (Jan. 22, 2018), pwhywdhampomp mlpaADlRUD. CNG RETAIL 2018V1.pdf. See also génerally 82: Fed. Reg. 54,478 (Nov. 17, 2017) (discussing other examples ofhigh percentages: for short term loans and fees that can amount to APR rates of 54 Standaert Statement, at 7;1 Rachel Flum, testimony, Briefng Before thel Rhode Island State Advisory Committee to the U.S. Commission on Civill Rights, Providence, RI, Apr. 27,2018, transcript, pp. 71-72 (hereafter cited as 53 Payday Loans Nearl North Kingstown, RI, Advance America, 180 percent for at term of30 days). Providence. Briefing). 7 The. Debt Trap - Payday Loans May Trap Borrowers in a Cycle ofDebt For example, al borrower faced with unanticipated expenses may take out a $450 payday loan, the maximum available at. Advance. America and Check 'N Go locations: in the state. For this $4501 loàn, at total amount of $495 would be duei fourteen days. after initiation oft the loan. This amount represents an interest rate of1 10 percent, or 260.71 percent. APR. Ift thel borrower! has troublej paying the full amount at the end ofthe two week period, he or she may choose to rollover thel loan the one time allowed by) Rhodel Island law, With thei rollover, thel borrower would pay $45 at the end oft the fourteen days, and then $495 at the end oft thei next fourteen-day period. 55 Becausel Rhode Island limits the number oftollovers to-one, thei maximum amount that Att the end ofthes second two-wéek period, the borrowèr either returns to the store toj pay the $495 in cash, ori iti is taken out ofthe! borrower's account, which nowi includès their mosti recent paycheck or government benefit payment. Ifthe check bounces or the account does not have sufficient funds, thel borroweri is subject to additional fees. Becauset thei money is immediately taken out oft their acçount, thel borrower may then havet trouble covering other necessary expensés such as rent and food. He or she may thusi initiatè a second payday loan to cover these essential costs. For any additional rollovers the: same: fees as above would apply. Ifthe borrower takés out four consecutive loans and: rolls over each1 loan once, by the end oft the four-month period he or shel has paid $360 ini interest and fees, or 80 percent ofthe original $4501 loan. This equates to a total cost of$810 for the same $450 ofc credit throughout the loan durations, Eight loans per year represents the average number ofpayday loans among payday borrowers nationally, but many people take on more than this average. For) those that take on additional loans, interest râtes approach the triple digits and1 borrowèrs can spend months or years Payday loan business models depend on al high number ofrepeat borrowers such as the one déscribed above." 56 A Péw Charitable Trusts suivey found that borrowers; on average, took out can be charged on this onel loani is $540 over those two payments. accumulatingi fees on the same small gapi in credit. 55 Payday Loans Near North Kingstown, RI, Advance. America, contenthapboads2018/02ADIBOZRLPDLCNORETAIL,2018VIpdt: phawahmasanehamémispyeylan (last visited. July2, 2018) (enter' "Rhodel Island"i into search field titled" "Enter: zip code or city, state");Rhodel Island Minimum Qualifications and Requirements and Finance Charge Schedule, Check 'N Go (Jan. 22, 2018), hpewdhimgpamhp 56 Susanna Montezemolo, Ctr. for Responsiblelending, Payday Lending. Abuses & Predatory Practices, pp. 2-3 (2013), plhwwmpamthialmaingedaierpaatyofpwyplam"; Lesliel Parrish & Uriah King, Ctr. for Responsible. Lending, Phantom. Demand: Short-term due date generates need for repeatj payday loans, accounting for 76.percent oft total loan' volume' 7 (2009), htps/www.rsponsinlelndingorypayday adiphsarchamy.Piamhamomdcmaampes Thel Pew Charitable Trusts, PaydayLending in America: Who htp.lwwvpewinssarg-medulegasynpondinepe.Ha202pewpayuyeayendingreporpurpar Borrows, Where They Borrow, and' Why7(2012), [hereinafter Pew) Report), 8 eight loans each year"' In a Consumer Finance Protection Bureau white paper, 48 percent of borrowers studied had moret than ten transactions over a 12-month period and 14 percent ofthe borrowers had moret than twenty transactions over the same period. 58 Three-quarters oft the fees from payday loans originated during this 12-month period were: from borrowers who had more than ten transactions over the period. 591 For borrowers taking out more than six loans over the 12- month period, the vast majorityofloans werei initiated within two weeks of aj previous loan, most In response tot the Bureau's white paper, at trade association ofpayday lenders, including Advance America, 61 petitioned the Bureau for its retraction." 62 Thet trade association criticized the Bureau's white paper for using an unrepresentative: sampling method improperly weighted in favor of finding morei repeat borrowers; 63 however, the trade association also acknowledged that "ijn anyl large, maturej payday loan portfolio, loans to: repeat borrowers generally constitute between 70 and 90 percent oft the portfolio, and for some lenders, eveni more." 364 The trade association's insistencei that the Bureau should have removed all repeat borrowers from the beginning sample population reveals the dependence ofp payday lenders on these repeat borrowers and the protracted length oft borrower: relationships with lenders. 65 The trade association argued that its internal data shows that the' "median borrower. becomes debt-free and remains debt-free for more than 14 days after approximately 1.5r rollovers. 3966 Without the underlying data or further explanation, it is difficult to assess the validity oft this claim. At the same time, this assertion confirmsi that many borrowers rollover their1 loans.67 A2 2009: report byt the Center for Responsible! Lending, ai nonprofit organization that researches predatorylending, found thati in Florida and Oklahoma over al 12-month period approximately halfofsuccesivepayaay, loans were taken out at the first available opportunity, 871 percent were taken out within two weeks, and 94 percent were taken out within one: month. 68 Similar analysis often on the same day thej previous loan closed.60 57 Pew Report, at4 4, 8-9, 58 Consumer Finançe White. Paper, at21. 59 Id., at22, 60 Id., at2 25. (last visited. July! 5,2018). 61 2018 Corporate Members, Community) Fin. Servs. America, tpwndhsacom-copatomemDyur 62 Letter from Hilary! B. Miller, Counsel, Cmty. Fin. Servs. of Am., to Chief, Info., Office, Consumer Fin. Prot. Bureau (June 20,2013), Mpaimastamagowysepilia CFPB.pdf [hereinafter Community Finance Services ofAmerica Letter). 63 Communily Finance, Services of America. Letter, at4-5. 65 See Community. Finance Services of America. Letter, at 6. 67, See Community Finance Services of America Letter, at7. 641 Ibid., at5 5. 66Ibid., at7. 68 Leslie Parrish & Uriahl King, Ctr. for Responsible. Lending, Phantom Demand: Shorl-term due date generates needj for repeat payday loans, accounting for 76 percent ofiotal! loan volume 7(2009), 9 in Colorado showed that two thirds ofpayday loans werei renewed on the same day thej previous loan was repaid. 69 These trends arei representative of patterns occurring in othér states, including Rhode Island. 70 The Center for Responsible Lending estimates that loan churn, or the practice of borrowers initiating new loans within two weeks ofpaying offt their previous loan, accounts for 76 percent oftotal number ofl loans and loan volume nationally." Loans to one-time borrowers represent less than 2 percent of annual payday loan volume. 72 In 2013, the Center for Responsible Lending found that nationally 85 percent ofloans are made tol borrowers who take One: factor contributing to the debt cycle is how borrowers use payday loans. Though generally thought of as emergency assistance: for unanticipated expenses, payday loans are often used to cover recurring regular expenses.' 741 Because these expenses are recurring, borrowers have al hard time repaying their loan and often take out additional loans with additional fees to cover the same gap in credit. Payday loans in Rhode. Island cost consumers $7.5 million eaçh year in Borrowers that default on aj payday loan are: subject to additional financial consequences. These include: nonsufficient fund fees and overdraft fees, involuntary bank account closure, and bankruptcy. 76 These financial consequences can occur even when the borrower has already paid morei ini interest than the original loan amount.? 77 There are also effects on thel borrower's credit once aj payday loan is referred to a collection agency for being in default. 78 Payday lenders do not report to credit bureaus, sO borrowers cannot build their credit by making payments on their out at least seven loans in a year.3 fees.75 htps/yww.responsibesmdinsorphaday-lendimeresar.hachamalbsisplantomsdemand-finalpd (The first available opportunityi ist the same dayal borrower'sprior loan was due, or the first day following a statutory cooling 70Ibid. ("little ori no variançe of repeat lending patterns among the states that authorize the basic paydayl loan offperiod) (hereafter Parrish & King Phantom. Demand Report). 69 Parrish & King Phantom. Demand. Report, at 10. product"). 711 Ibid., at1 11-13. 72] Ibid.,at3,1 12. 73 Susannal Montezemolo, Ctr. forl Responsible] Lending, Payday Lending. Abuses &i Predatory Practices (2013), p.wwasepomutlaadhagancephaedfislypanoPy.laylomapd, ,at 11-12 (hereafter Montezemolo 74 Ibid., at 8; Pew Report, at4-5, 13-15. The Consumer Finance Services of America letter objects to claims that payday lenders market thel loans as being suitable for any specific borrowers ors situations. Community Finance 76 Montezemolo. Payday Lending. Abuses Report, at 6; Parrish & King Phantom. Demand. Report, at 16. Payday Lending Abuses Report). Services ofi America Letter, at 10-11. 75 Standaert Statement, at 1. 77 Montezemolo. Payday Lending Abuses Report, at 6. 78 Ibid. 10 payday loans." 79 Once referred to a collection agency thel loan default impacts thei individual's credit score and can subject thel borrower to aggressive collection practices.80 Borrowers may also have additional difficulty paying other debts due to their obligations to paydayl lenders and thel lenders'. direct access tot their bank accounts. Individuals with access to payday loans have been found tol have 25j percent more difficulty paying bills when compared to individuals in the same income group without access toj payday loans. 81 The same study found a similar level ofincreased delay in seeking needed medical and dental care andj prescription drug purchases.82 Payday Lenders Disproportionately Target. People ofColor The Committee was told that payday lenders choose storel locations sO as to target people in African American and Latino communities." 83 Though advocates ofpayday lending argue that their stores arel located in low-income areas, whih just happen to bei majority communities of color, the trend holds even when comparing communitiés oft the same inçome level.8 84 In Rhode Island, payday lenders are disproportionately. locatéd in communities ofcolor, even after controlling for income.. According to the Center for Responsible Lending, Black and Latino neighborhoods with atl least a 30j percent Black and Latino population and 80 percent to 120 percent areai median income have an approximately 70j percent higher concentration ofp payday loan storès when compared toj predominantly white neighborhoods with the same: range ofa area median income.85 This trend has been observed on thei national level as well. 86 Thel Pew study also found that the chance ofaj person using aj payday loan was 105 percent higher for African Americans than for other races, after controlling for other factors. 87 While 12 percent of African Americans have used aj payday loan, that number is only 41 percent for white Americans and 6 percent for both Hispanic Americans andi individuals of other races or ethnicities.88 7PLaura Rijo, testimony, Providence Briefing, transcript, pp. 121-22. 80N Montezemolo, at6 6. 517,519-20 (2011). 82 Id. 811 Brian' T. Melzer, Thel Real Cosfs ofCredit. Access: Evidencej from the Payday Loan Market, 126Q.J. Economics 83 See, e.g., Standaert' Testimony, Providence. Briefing, transcript, pp. 80-85. 84 Wes] Li, Lesliel Parrish, Keith Ernst, and Delvin] Davis, Center forl Responsiblel Lending; Predatory Profiling: The Role of1 Race and Ethnicity int the Location ofPayday Lenders in Calfornia(March 26,2009), availableat hmpataiaiwew.p-lieret 85 Standaert Statement, at5 5. 86] Ibid., at5 5-6. 87 Pew Report, at 9. 88 Ibid., atll. 11 IV. Summary of] Briefing The Committee: invited twelve individuals, including elected officials, religious figures, advocates, and experts, to makej presentations. Industry members were invited to participate in the briefing, but failed to respond to the invitation. Participants were plaçed on four panels. The first panel included Senator Harold Metts, who, over thej past few years, has beeni involved with legislative efforts to regulate payday lending. State' Treasurer Seth Magaziner also provided context on the financial ramifications for Rhode Island families and background on thej potential legislative solutions. Brian. Azar ofNavigant Credit Union discussed alternatives to payday loans Thes second panel was comprised ofreligious figures-Pastor William Sterrett, Pastor Ebony Grisom, and Mufti Ikram ul Haq-who described the experiences that members of their communities! havel had with payday loans, They also ptovided religious perspectives pn usury. Experts on panel three wete! Rachel Flum, thel Executive. Director ofthel Economic Progress Institute, and Diane Standaert, Director ofStatel Policy for the Center for Responsible Lending. They provided information on. how payday loans perpetuate a cycle of debt and the effect on The fourth and final panel included advocates who addressed the financial conséquences for borrowers and current alternatives available in Rhode Island. Presenting were. Jim Vincent ofthe Rhode Island NAACP; Laura Rijo, a current employee ofthe Capitol Good Fund and former Check N Go employee; Alden Harrington, al bankruptcy. lawyér; ànd Andy Posner, founder and During the Open Public Comment Section, Andrew Therrien desçribed his personal experiences available through his credit union. Rhode Island: families of color. CEOg pfCapital Good Fund. with payday loans. VL. Findings and Recommendations FINDINGS Payday. Loans are Targeted at People afColor Payday loans are disproportionately targeted at Rhode! Islanders of color. Payday loan stores are primarilylocated in communities ofcolor,9 When comparing neighborhoods with the same median income, neighborhoods with significant Black and Latino populations had a 70j percent higher concentration ofpayday loàn storès than the White neighborhoods at the samei incomme level.90 These disparities in the concentration ofpayday lenders in communities based on face 89 Flum Testimony, Providence Briefing, transcript, p. 74-75. 90 StandaertTestimony, Providence. Briefing, transcript, p. 87. 12 has been observed throughout the country and hold steady even after controlling forincome.? 91 According to thel NAACP; "studies havei repeatedly shown that the wealth-stripping effects of predatory lending practices have a disproportionate impact on African Americans, Latinos, and low-wealth families." 92 Payday Loans Create a Cycle ofDebts Payday lending in Rhode Island traps borrowers in a cycle ofd debt and leads to other negative financial consequences. Contributing to this cycle of debt arel both thel high interest rates and Borrowers often cannot afford the payday loans they take on. Payday lenders do not engage in any loan underwriting and often incentivize their employees to ençouragel borrowers tot take out thel largest possible loan, regardless ofthel borrower's ability toj payit! back. 93 Because payday lenders know borrowers likely cannot afford to repay the loan within thet two-week period, their business model depends on al high number ofrepeat borrowers, creating al high level ofloan churn." 94 On average, aj payday loan boriower takes on: more than eight loans per year, with 80 This cycle of debt is exemplified' by the story ofa a singlei mother's experiences with payday loans in the state, as told by ai former Check 'N Go employee. The woman started with two $450 payday loans at different companies, onel being Check 'N Go. For five years she took out new loans to cover the same $900 gap. Over thei five years, she paid $10,000 for that $900 ofcredit.96 Other financial consequences of payday loan borrowing, including additional fees, involuntary bank account closure, adverse impact on credit scores, and bankruptcy, further contribute to the short terms of! paydayl loans. percent ofp paydayl loans taken out within ai month oft the previous loan." 95 cycle ofd debt caused by payday loans. Payday Loans. Adversely. Affect the Rhode. Island. Economy Paydayl loans hurt Rhode Island's economy. $7.61 million inj payday loan fees leave Rhode. Island each year, channeled. instead to thet two national companies operating 95 percent oft thej payday loan stores in the state.97 When low-income workers are able tol keep money that is otherwise 9lId,atp.87. 92 Vincent' Testimony, Providence. Briefing, transcript, p. 112. 9Rijo Testimony, Providence. Briefing, transcript,p. 118. 94 Id., at! pp. 121-22. transcript,p.113. 83,92. 95 Seth] Magaziner, testimony, Providence. Briefing, transcript, p. 12; Jim Vincent testimony, Providence. Briefng, 97 Flum" Testimony, Providence Briefing, transcript, p. 74; Standaert' Testimony, Providence. Briefing, transcript,p pp. 96] Rijo Testimony, Providence. Briefng, transcript, pp. 121-22. 13 used forj payday loan fees, that money is spent at local shops, going back into the local economy:" 98 There is a Demandj for Short-Term Loans Many Rhode Islânders, especially people of color, aré financially vulnerable and sometimes require access to credit advances. Thus, therei is market need for small dollar loans available for those. with poor credit. Payday loans arel used to satisfy this need. However, borrowers often use paydayl loans to cover: regular reçurring expenses rather than cover unanticipated emergency expenses. There are Ayatlable-Alematiyes to. Payday. Loans There are other financial alternatives available for Rhode Islanders to access small dollar1 loans, éven without established credit. Successful alternatives address must address both the high cost Thel Navigant Credit Union in Rhode Island offers a Smart Start loan, which is a small dollar loan with ai maximum value of$600, an 18 percent. APR, and ai ninety-dayi repayment period.9 Ati thisi interest rate the non-profit credit union breaks even, sO they would expeot to see Capital Good] Fund, another Rhode Island non-profit, offets àj payday loan alternativé involving loans of$3001 to $500 with a 33 to 36j percent. APR, longer repayment term, no prepayiment penalty, and credit bureau reporting. 10i Capital Good Fund also assesses borrowers' ability to Both Capital Good Fund and Navigant havé the capacity to scale their products toi reach more consumers asl long as consumers: are aware oftheir products, 103 However, not alll boirowers are approved for the above Ioan alternatives because an ability-to-pay analysis is conducted, Other options for Rhode. Islanders withlower credit sçores include credit cards, pawn, andj payment plans fromi utilities, social services agencies, sàvings accounts, and others,0b borrowers may also and short term of payday loans. profitability at thel higher interest rate of 36j percent APR. 100 afford each loàn and "makes the smallest loan possible."102 choose to postpone purchases and cut back on expenses. 195 98 Flum Testimony, Providence Briefing, transeript, pp. 73-74. 9Brian Azar, testimony, Providence. Briefng, transeriptp.27. 100 Azar Testimony, Providence. Briefing, transcript, pp. 27-28. 1à1 Andyl Posner, testimony, Providençe. Briefng, transcript, pp. I27-28. 102j Posher Testimony, Providence. Briefing, transcript, p. 128. 104 Standaert Testimony, Providence Briefing, transcript, p. 89. 103 Id. atpp. 132-34. 105 Posner Testimony, Providence. Briefing, transcript,p, 132; Pew Report, at 5, 16-18. 14 Success ofLegislative. Restrictions in Other, States Legislativer restrictions on payday lending in other states have experienced varying degrees of success. A 36j percent APR or similar rate cap in other states has allowed for continued access to emergency! loans, but has decreased the number of citizens, especially people ofcolor, in a cycle ofd debt.06 After certain states implemented restrictions on payday lending, some more: restrictive than thej proposed Rhode Island restrictions, only about 5j percent ofborrowèrs borrowed online Howevèr, loopholes in some statei regulations restricting or eliminating payday loans have led to an increasei in thei number ofvehicle title loans, open-end credit loans, online payday loans, payday installment loans, balloon payment or flexpay" loans, and other statutory workarounds. 108 Legislative fixes that only address thel length ofpayday loans also fall short, with borrowers still subject to triple-digiti interest rates and prone to taking out multiple loans. 109 To avoid these pitfalls, legislative action in Rhode Island must address both the high cost and short terms of payday loans, as well as the potential for evasion through other workarounds. The legislature should consideri revising the definition ofa a "loan made or funded within this statelI0 tol bring online lenders lending to Rhode. Island residents within the scope ofits authority. ore elsewhere. 107 RECOMMENDATIONS Legislative Action The General Assembly should pass al bill eliminating the statutory carve-out for payday lenders. The elimination oft this payday lending exception does not prevent lenders from offering small dollar loans to Rhode Islanders. 111 Rather, payday lenders should bei returned to the authority of the small loan lender statute that restricts the maximum interest rate on small loans to 361 percent APR. 112 This statute requires payments to bei made in roughly equal installments at intervals of roughly equal length,' 113, which.prohibits lenders from turning to the balloon payment loans or paydayinstallment! loans adopted by payday lenders following restrictions in other states. 106, See Pew Report, at5,22; Montezemolo. Payday Lending Abuses Report, at 8-9, 14-16. 107 Pew Report, at2 22; Montezemolo Paydayl Lending. Abuses Report, at 14. Montezemolo. Payday Lending Abuses Report, at 14-16, 108 821 Fed. Reg. 54,485-86 (Nov. 17,2017) (discussing Ohio, Colorado, Arizona, Virginia, andl Delaware); 109 Tom) Feltner, Diane! Standaert, & Ellen) Harnick, Sinking Feeling: Colorado Borrowers Describe their Mghnwvatsgpamsiblatminwwsshatiwawimiwtiohsmapalaeaiwlataiahagtalig Experiences with PaydayLoans, Center forl Responsible Lending (July2018), jul2018.pdf; Montezemolo. Payday Lending. Abuses. Report, at16. 111 Standaert' Testimony, Providence. Briefing, transcript, pp. 94-95. 110 19R.I. Gen. Laws's 19-14-1(9). 112 191 R.I. Gen. Laws $ 19-14.2-8. 113 Id., atg1 19-14.2-11. 15 The General Assembly should also consideri investigating the use of vehicle title loans int the state. Ifpaydayl loans are morel heavilyregulated, payday lenders may transition to offering more vehicle title loans with similar financial consequences for borrowers. To fully protect consumèrs in the state, Rhode Island should: restrict all prohibitively high interest: ratel loans, including both vehiclei titlel loàns and payday loans. Payday. Loan. Alternatives Rhode Island should encourage the growth and development of small dollar loan programs that have lower interést rates and longer terms than paydayl loans. This could: reflect ai recent announcement by the' Treasury's Office ofComptroller oft the Currency calling fort traditional banks to offer "responsible short-term small-dollari installment loans, typically two to 12 months in duration with equal amortizingi payments, to help meet the credit needs of consumers." 114 Loan programs. such as those offered by Navigant and Capital Good Fund havet thej potential to meet consumers' needs without the adverse consequences ofpayday loans. These alternativés should be promoted, and the development of similar products encouraged. Underlying Reasons for Financial Insecurity Rhode. Island should investigate the underlying financial circumstances that leave Rhode Islanders of color espécially ini need oft the credit advances payday loans provide. This investigation may focus on state law and policy regarding education, housing, healthcare, human services, and transportation, among others. 114) Bulletin, Office ofthe Çomptroller oft the Currençy, U.S. Department oft the Treasury, Installment! Lending, OCC Bulletin: 2018-14 (May 23, i,.Mpthwomsusgonadwdilbailwiaut-lism. 16 Rhode Island Advisory Committee tot the United States Commission on Civil Rights U.S. Commission on Civil Rights Contact: Regional Programs Coordination Unit U.S. Commission on Civill Rights 230 S. Dearborn St., Suite 2120 Chicago IL, 60604 (312)353-8311 This report is the work of the Rhode Island Advisory Committee to the U.S. Commission on Civil Rights. The report, which may rely on studies and data generated by third parties, is not subject to an independent review by Commission.staff. State Advisory Committee reports to the Commission are wholly independent and reviewed by Commission staff only for legal and procedural compliance with Commission policies and procedures. State Advisory Committee: reports are not subject to Commission approval, fact-checking, or policy changes. The views expressed in this report and the findings. and recommendations contained herein are those ofar majority of the State Advisory Committee members and do not necessarily represent the views of the Commission or its individual members, nor do they represent the policies of the U.S. Government, For more information please contact the Regional Programs Coordination Unit.